IN THE CASE OF:	  

		BOARD DATE:	  10 March 2011

		DOCKET NUMBER:  AR20100020171 


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) to show all awards and decorations to which he may be entitled for his deployment in Iraq.

2.  The applicant states his service in Kuwait/Iraq from 15 February 2003 to
20 December 2003 is noted in the remarks section of his DD Form 214 but since he exited the military so quickly upon return from his deployment no service or campaign medals were listed.  He also states these service/campaign medals should be noted on his DD Form 214 so he can receive all appropriate medals and be recognized for his deployment during the Iraqi invasion.

3.  The applicant provides a copy of his DD Form 214. 

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 31 August 2000.  He served as a fire support specialist.  He was honorably released from active duty on
20 December 2003 by reason of completion of required active service after serving 3 years, 3 months, and 20 days of creditable active service.  At the time of his separation he held the rank/grade of sergeant (SGT)/E-5 with an effective date of rank of 1 August 2003.

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized of his DD Form 214 shows the:

* Army Commendation Medal (2nd Award)
* Army Achievement Medal (2nd Award)
* National Defense Service Medal
* Army Service Ribbon
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar

4.  Item 18 (Remarks) of his DD Form 214 shows, among other entries, the entry "SERVICE IN OPERATION IRAQI FREEDOM (IRAQ) FROM 20030215 TO 20031220."

5.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom.  The area of eligibility 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 Operation Iraqi Freedom.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of several other criteria.  During his service in Iraq he participated in the following two campaigns:

* Liberation of Iraq (19 March 2003 - 1 May 2003)
* Transition of Iraq (2 May 2003 - 28 June 2004)


6.  Army Regulation 600-8-22 states that the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have 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.

7.  Army Regulation 600-8-22 states the Global War on Terrorism Expeditionary Medal 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 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 Global War on Terrorism Expeditionary Medal.  Initial award of the Global War on Terrorism Expeditionary Medal was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic areas of eligibility, including Kuwait during the period 15 February through 18 March 2003.

8.  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.

9.  A Frequently Asked Questions document from the U. S. Army Human Resources Command, Military Awards Branch, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed to Iraq or Afghanistan.  The document states "Question:  How long do I have to serve in Iraq or Afghanistan to be awarded the Overseas Service Ribbon?  Answer:  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  Provided is a clarification statement the proponent to Army Regulation 614-30 (Overseas Service) has provided our office:  Soldiers who serve a minimum of
11 cumulative months or 9 continuous months in Iraq in a temporary change of station tour of duty status get credit for a complete short tour.  Your reference is Army Regulation 614-30, Tables 3-2, rules 6 and 8.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense; therefore, the Army gives equivalent credit for periods of change of station tour of duty.

10.  Army Regulation 600-8-22 states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

11.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicant's service in Kuwait/Iraq, he is entitled to the Iraq Campaign Medal with two bronze service stars, Global War on Terrorism Expeditionary Medal (for service in Kuwait), and the Overseas Service Ribbon.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  He served a period of qualifying service for award of the GWOTSM.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The applicant's record shows he received two awards each of the Army Commendation Medal and the Army Achievement Medal, he successfully served in Kuwait/Iraq, and he attained the rank/grade of SGT/E-5 shortly before his release from active duty.  It appears him not receiving the first award of the Army Commendation Medal must have occurred as a result of an administrative error.  Therefore, it would be appropriate at this time to award the applicant the first award of the Army Good Conduct Medal for the period 31 August 200 through
30 August 2003 and correct his DD Form 214 to show this award.

4.  The applicant served in Kuwait and Iraq during the period 15 February to
20 December 2003.  Item 18 of his DD Form 214 only shows service in Iraq; therefore, his DD Form 214 should be corrected to include Kuwait.


BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period
31 August 2000 through 30 August 2003;

	b.  adding to item 13 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Iraqi Campaign Medal with two bronze service stars
* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal
* Overseas Service Ribbon

	c.  deleting from item 18 of his DD Form 214 the entry "SERVICE IN OPERATION IRAQI FREEDOM (IRAQ) FROM 20030215 TO 20031220" and replacing it with the entry " SERVICE IN KUWAIT/IRAQI FROM 20030215 – 20031220.



      ___________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)                                         AR20100020171



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ABCMR Record of Proceedings (cont)                                         AR20100020171



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