IN THE CASE OF:	  

		BOARD DATE:	  2 November 2010

		DOCKET NUMBER:  AR20100012535 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Iraq Campaign Medal and any additional awards he may be entitled to receive and correction of his date of birth.

2.  The applicant states he was assigned to Kuwait and Iraq from 10 February 2003 to 14 January 2004 and is entitled the Iraq Campaign Medal.  Further, his medals were lost in a fire and he requests replacement medals.  He states his date of birth is 23 May 1984.

3.  The applicant provides a copy of his DD Form 214 effective 21 January 2004.

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 records show he is a U.S. Army Reserve Soldier who was ordered to active duty on 10 February 2003.

3.  He was honorably released from active duty on 21 January 2004.

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Armed Forces Expeditionary Medal, Armed Forces Reserve Medal with "M" Device, and Army Service Ribbon.

5.  His DD Form 214, item 18 (Remarks), shows he served in Iraq from 10 February 2003 through 21 January 2004.

6.  A review of his Defense Finance and Accounting Service (DFAS) records shows he received hostile fire/imminent danger pay for Kuwait from 28 February 2003 through 31 December 2003.

7.  Item 5 of his DD Form 214 shows his date of birth as "19831201" [1 December 1983].  The following documents found in his official military personnel file list his date of birth as 23 May 1984:

* DD Form 4 (Enlistment/Reenlistment Document), dated 9 February 2002
* DD Form 369 (Police Record Check), dated 4 February 2002
* Minnesota Certificate of Birth, dated 24 May 1999

8.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Global War on Terrorism Expeditionary Medal (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.  (Initial award of the GWOTEM was limited to service members deployed abroad in Operation Enduring Freedom and Operation Iraqi Freedom (OIF) in designated specific geographic AOE, including Kuwait.)

	b.  The Iraq Campaign Medal is awarded to members who served in direct support of OIF.  The AOE encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-date to be determined)

	c.  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.  According to the Awards Branch at U.S. Army Human Resources Command, 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 months continuous in Iraq or Afghanistan get credit for a completed short tour.  (Rules 6 and 8 of Table 3-2 Army Regulation 614-30 (Overseas Service) apply).

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DD Form 214 be corrected to show the award of the Iraq Campaign Medal and any additional awards he may be entitled to receive and correction of his date of birth.

2.  The evidence of record confirms he served in Kuwait/Iraq from 28 February 2003 to 31 December 2003 during the Liberation and Transition of Iraq campaigns.  Therefore, he is entitled to award of the Iraq Campaign Medal with two bronze service stars, Overseas Service Ribbon, and Global War on Terrorism Expeditionary Medal.  These awards should be added to his DD Form 214.

3.  The evidence of record shows his date of birth is listed as 23 May 1984 on his birth certificate, police record check, and enlistment contract.  His DD Form 214 should be corrected to show his date of birth as 23 May 1984.

4.  Replacement medals and awards are not issued by the Army Board for Correction of Military Records (ABCMR).  The above awards will be issued to the applicant; however, he may obtain his replacement medals by submitting his request in writing to:  National Personnel Records Center, ATTN:  Army Reference Branch, 9700 Page Avenue, St. Louis, Missouri  63132-5100.

BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 as follows:

	a.  adding the Iraq Campaign Medal with two bronze service stars, GWOTEM, and Overseas Service Ribbon and issuing him these awards; and

	b.  correcting the current entry in item 5 to read "19840523."



      _____________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)                                         AR20100012535



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ABCMR Record of Proceedings (cont)                                         AR20100012535



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