BOARD DATE:	  22 February 2011

		DOCKET NUMBER:  AR20100020305 


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 item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the Army Good Conduct Medal (AGCM), Army Commendation Medal (ARCOM), Korea Defense Service Medal (KDSM), and Iraq Campaign Medal (ICM).

2.  He states, in effect, his DD Form 214 should reflect the awards and decorations he is entitled to receive.  He departed Iraq in September 2003 and as a result, he was not presented his AGCM and ARCOM.  He was told he would receive his orders once he returned stateside.  To date, he has not received the orders or the medals.  He feels he is entitled to display these awards.  

3.  He provided 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.  His record shows he enlisted in the Regular Army on 17 October 2000 and held military occupational specialty 13F (Fire Support Specialist).

3.  His Enlisted Record Brief (ERB) shows the following entries:

	a.  Section VIII (Awards and Decorations) – Army Achievement Medal (AAM), National Defense Service Medal (NDSM), Army Service Ribbon (ASR), and Overseas Service Ribbon (OSR); and 

	b.  Section IX (Assignment History) – Headquarters and Headquarters Battery, 1st Battalion, 15th Field Artillery, Camp Casey (Korea) 12 months.

4.  His DD Form 214 shows he was honorably released from active duty on 
20 December 2003.  He completed 3 years, 2 months, and 4 days of creditable active service.  This form also shows the following entries:

	a.  Item 12f (Foreign Service) – "0001 year(s), 05 month(s), and 10 day(s);

	b.  Item 13 – Army Lapel Button, AAM, NDSM, and the ASR; and

	c.  Item 18 (Remarks) – "SERVICE IN KUWAIT/IRAQ – OPERATION IRAQI FREEDOM (OIF):  20030406-20030915."

5.  His record contains Permanent Orders Number 253-1, Headquarters, 3rd Brigade, 1st Armored Division, dated 10 September 2003.  This order shows he was awarded the ARCOM for meritorious service while serving as a Fire Support Specialist from 17 October 2000 through 19 December 2003.

6.  A review of the Interactive Personnel Electronic Records Management System (iPERMS) does not contain any court-martial convictions, nonjudicial punishments or derogatory information which would serve to disqualify him for the AGCM. 

7.  A review of his records indicates he may be entitled to additional awards that are not shown on his DD Form 214. 





8.  Army Regulation 600-8-22 (Military Awards) provides the following guidance:

   a.  The AGCM 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.  
   
   b.  The ICM is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  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 ICM 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 KDSM is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	d.  The Global War on Terrorism Service Medal (GWOTSM) 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 (AOE) on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.  

	e.  The OSR was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, ARNG and USAR in an active Reserve status are eligible for the award for successful completion of overseas tours.  
DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded him the ARCOM on 10 September 2003.  Therefore, he is entitled to have this award added to DD Form 214. 

2.  He enlisted in the Regular Army 17 October 2000.  His record is void of any disqualifying or derogatory information which would preclude award of the AGCM.  Therefore, it would be appropriate to award him the AGCM (First Award) for his qualifying period of honorable active duty service from 17 October 2000 through 16 October 2003.  

3.  The evidence of record shows he served in the Liberation of Iraq and Transition of Iraq Campaigns.  Therefore, he is entitled to the ICM with two bronze service stars and to have this award added to his DD Form 214. 

4.  He also completed a qualifying period of service in support of the GWOT outside an authorized AOE.  Therefore, he is entitled to the GWOTSM and to have this award added to his DD Form 214.   

5.  The evidence of record shows he completed an overseas tour in the Republic of Korea.  Therefore, it would be appropriate to correct his records to add the KDSM.

6.  Evidence of record shows he served overseas in Korea and in Iraq for a total of 1 year, 5 months, and 10 days.  Therefore, he is entitled to award of the OSR and to have this award added to his DD Form 214.  

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 AGCM (First Award) for the period 17 October 2000 through 16 October 2003; and 

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

* ARCOM
* AGCM (First Award)
* ICM with two bronze service stars
* GWOTSM
* KDSM
* OSR




      _______ _ 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)                                         AR20100020305





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ABCMR Record of Proceedings (cont)                                         AR20100020305



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