BOARD DATE:	  20 October 2010

		DOCKET NUMBER:  AR20100010862 


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 all awards to which he is entitled including the Global War on Terrorism Service Medal (GWOTSM), Global War on Terrorism Expeditionary Medal (GWOTEM), and Iraq Campaign Medal (ICM), be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).  

2.  The applicant states all awards he is eligible for should be added to his 
DD Form 214.  

3.  The applicant provides his DD Form 214 in support of his application. 

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’s record shows he enlisted in the Regular Army and entered active duty on 6 January 2000.  It further shows he was trained in and awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman) and that sergeant/E-5 (SGT/E-5) is the highest rank he attained while serving on active duty.  

3.  The applicant’s record shows he served in Kuwait and Iraq with the 
1st Battalion, 502nd Infantry Regiment, 101st Airborne Division from 
7 March through 30 September 2003.  

4.  On 5 January 2004, the applicant was honorably released from active duty, in the rank of SGT/E-5, after completing 4 years of active military service.  The 
DD Form 214 he was issued at the time shows, in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), that he earned the following awards during his active duty tenure:

* Army Commendation Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Bar
* Combat Infantryman Badge
* Parachutist Badge
* Air Assault Badge 
* Driver and Mechanic Badge

5.  Unit history documents for the 101st Airborne Division indicate the division entered Iraq on 20 March 2003 during the initial invasion. 

6.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-17 of the awards regulation contains guidance on the ICM.  It states it is authorized for 30 consecutive or 60 nonconsecutive days of service in Iraq from on or after 19 March 2003 through a further date to be determined.  A bronze service star is authorized for each Iraq campaign a member participated in while serving in Iraq.  During the applicant’s tenure of assignment in Iraq participation credit was granted for the Liberation of Iraq (19 March-1 May 2003) and Transition of Iraq (2 May 2003-28 June 2004) campaigns.

7.  Paragraph 2-18 of the awards regulation contains guidance on the GWOTEM.  It states it is authorized for 30 consecutive or 60 nonconsecutive days of service 


in an authorized area of eligibility (AOE) from on or after 11 September 2001 to a future date to be determined.  Kuwait is an authorized AOE and Iraq was an authorized AOE through 18 March 2003.  The GWOTEM and ICM may not be awarded for the same period. 
 
8.  Paragraph 2-19 of the awards regulation contains guidance on the GWOTSM.  It states it is authorized for 30 consecutive or 60 nonconsecutive days of service outside of a designated AOE from on or after 11 September 2001 to a date to be determined.  

9.  The Recently Approved Unit Awards site of the Military Awards Branch of the United States Army Human Resources Command (HRC) confirms a Meritorious Unit Commendation (MUC) was approved for the 1st Battalion, 502nd Infantry Regiment, 101st Airborne Division for the period 19 March through 15 October 2003.  Although it indicates the Department of the Army General Orders (DAGO) for the award is pending, it authorizes the award to be added to a Soldier’s uniform and military records. 

DISCUSSION AND CONCLUSIONS:

1. The applicant’s contention that the GWOTSM and ICM should be added to his DD Form 214 has been carefully considered and found to have merit.  The evidence of record confirms the applicant is authorized the GWOTSM for his qualifying active duty service outside of a designated AOE after 11 September 2001, and that he is authorized the ICM with 2 bronze service stars for his service in Iraq from 19 March through 30 September 2003.  

2. The evidence of record also confirms the applicant’s unit was awarded the MUC for the period 19 March through 15 October 2003.  Therefore, it would also be appropriate to add this award to his record and DD Form 214.  

3. The applicant's contention he is authorized the GWOTEM has also been carefully considered.  However, there is insufficient evidence to support this claim.  By regulation, the GWOTEM is authorized for 30 consecutive or 
60 nonconsecutive days of service in an authorized AOE.  The regulation further stipulates the ICM and GWOTEM may not be authorized for the same period of service.  

4.  In this case, the record shows the applicant served in Kuwait from 7 through 19 March 2003, less than 30 days; and that he served in Iraq from 20 March through 30 September 2003, more than 30 days.  There is no evidence 


confirming the applicant completed 30 consecutive or 60 nonconsecutive days of service in an authorized AOE other than the period he served in Iraq for which is authorized the ICM.  Therefore, given the GWOTEM and ICM may not be awarded for the same period and there is no evidence confirming the applicant served a qualifying period for the GWOTEM in Kuwait, there is an insufficient evidentiary basis to support granting this portion of the requested relief.  

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 to item 13 of his DD Form 214 the Global War on Terrorism Service Medal, Iraq Campaign Medal with 2 bronze service stars, and the Meritorious Unit Commendation.  

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 adding the Global War on Terrorism Expeditionary Medal to his record and DD Form 214.  



      _______ _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)                                         AR20100010862



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ABCMR Record of Proceedings (cont)                                         AR20100010862



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