IN THE CASE OF:	  

		BOARD DATE:	  5 August 2010

		DOCKET NUMBER:  AR20100007139 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 January 2004 to show award of the Army Commendation Medal, Global War on Terrorism Expeditionary Medal (GWOTEM), Global War on Terrorism Service Medal (GWOTSM), and two awards of the Overseas Service Ribbon.

2.  The applicant states:

* he has the paperwork pertaining to the Army Commendation Medal
* he served in Kuwait and Iraq during Operation Enduring Freedom which makes him eligible for the GWOTEM and GWOTSM
* he has two overseas tours, one tour of duty in Germany in 1986/1987 and one tour in Kuwait/Iraq in 2003

3.  The applicant provides:

* DD Forms 214 for the periods ending 9 November 1987, 20 September 2002, and 2 January 2004
* orders for the Army Commendation Medal
* deployment orders
* active duty orders
* demobilization orders
* travel voucher 



CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 12 November 1985 and served as an M1 Abrams armor crewman.  On 9 November 1987, the applicant was honorably released from active duty for expiration term of service (ETS).  He was transferred to the U.S. Army Reserve (USAR) to complete his remaining service obligation.  His service personnel records for this period of service are not available.

3.  The applicant's DD Form 214 for the period ending 9 November 1987 shows the Army Service Ribbon, Army Lapel Button, Army Achievement Medal, Army Good Conduct Medal, and Sharpshooter Marksmanship Qualification Badge with Grenade Bar as authorized awards.  This DD Form 214 shows he served 1 year, 5 months, and 19 days of foreign service.  His last duty assignment and major command is listed as Troop B, 1st Squadron, 2nd Armored Cavalry Regiment, U.S. Army Europe.

4.  The applicant enlisted in the USAR on 18 May 2001.  He was ordered to active duty for training on 20 May 2002 and he was released on 20 September 2002.

5.  The applicant's DD Form 214 for the period ending 20 September 2002 shows the Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Army Lapel Button, and Sharpshooter Marksmanship Qualification Badge with Grenade Bar as authorized awards.

6.  The applicant was ordered to active duty on 9 January 2003 in support of Operation Enduring Freedom.  He served in Kuwait from 29 April 2003 to 25 October 2003.  On 2 January 2004, he was released from active duty.

7.  The applicant's DD Form 214 for the period ending 2 January 2004 shows the Army Achievement Medal (2nd Award), Army Good Conduct Medal, National Defense Service Medal, Armed Forces Reserve Medal with "M" Device, and Army Lapel Button as authorized awards.

8.  Headquarters, 4th Psychological Operations Group (Airborne), Permanent Orders 155-27, dated 16 June 2004, show the applicant received the Army Commendation Medal for meritorious service during the period 30 April 2003 to 15 August 2003.

9.  Army Regulation 600-8-22 (Military Awards) states the GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.

10.  Army Regulation 600-8-22 further states service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE or meet other specified criteria for award of the GWOTEM.

11.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic AOE, including Kuwait.

12.  Army Regulation 600-8-22 states that the GWOTSM is authorized for award to members of the Armed Forces of the United States who participated in the Global War on Terrorism operations outside of the designated areas of eligibility on or after 11 September 2001 to a future date to be determined.

13.  Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

14.  Table 7-1 (Award of Tour Credit and Adjustment of Date Eligible to Return from Overseas (DEROS)/Date of Return from Overseas (DROS)) of Army Regulation 614-30 (Overseas Service) states a Soldier will be credited with a completed tour and awarded a DROS if he/she serves to normal ETS and is a first term Soldier and separated from service or is given an early out through an Army program.

15.  According to the U.S. Army Human Resources Command Awards Branch Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 continuous months in Iraq or Afghanistan get credit for a completed short tour.  (Rules 6 and 8 of Table 3-2 Army Regulation 614-30 apply).

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Army Commendation Medal.  Therefore, his DD Form 214 for the period ending 2 January 2004 should be corrected to show this medal.

2.  Based on his service in Kuwait/Iraq, the applicant is eligible for award of the GWOTEM.  Therefore, his DD Form 214 for the period ending 2 January 2004 should be corrected to show this medal.

3.  The applicant served a period of qualifying service for award of the GWOTSM.  Therefore, his DD Form 214 for the period ending 2 January 2004 should be corrected to show this medal.

4.  The applicant contends he is eligible for one award of the Overseas Service Ribbon for his service in Germany in 1986/1987.  Since he was a first term Soldier who served to his normal ETS in 1987, he is eligible for one award of the Overseas Service Ribbon.

5.  The applicant contends he is eligible for a second award of the Overseas Service Ribbon for his service in Kuwait/Iraq.  However, since he only served approximately 6 months in Kuwait/Iraq, there is insufficient evidence on which to base award of the Overseas Service Ribbon.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X__  ____X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Army Commendation Medal, GWOTEM, GWOTSM, and one award of the Overseas Service Ribbon to his DD Form 214 for the period ending 2 January 2004.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to a second award of the Overseas Service Ribbon.



      _______ _   X____   ___
       	   CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100007139



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)