IN THE CASE OF:	  

		BOARD DATE:	    10 February 2011

		DOCKET NUMBER:  AR20100021117 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his correct dates of service in Iraq and the Iraqi Campaign Medal (ICM), Global War on Terrorism Expeditionary Medal (GWOTEM), and Global War on Terrorism Service Medal (GWOTSM).

2.  The applicant states that the medals in question were not distributed and/or authorized at the time of his discharge from the Army.

3.  The applicant provides no additional documents.

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 on 4 June 1999. He served in military occupational specialties 67J (General Construction Equipment Operator) and 12B (Combat Engineer).

3.  The applicant’s DA Form 2-1 (Personnel Qualification Record) shows that he served in Germany from 11 November 1999 to 7 November 2001.  Item 9 (Awards, Decorations, and Campaigns) does not include the requested awards.

4.  On 30 November 2003, the applicant was honorably released from active duty after completing 4 years, 5 months, and 27 days of active military service of which 2 years, 10 months, and 16 days was foreign service.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the following awards:

* Army Commendation Medal with Oak Leaf Cluster (OLC)
* Army Achievement Medal with OLC
* Presidential Unit Citation
* Army Good Conduct Medal
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Kosovo Campaign Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Army Lapel Button
* North Atlantic Treaty Organization Medal

5.  Item 18 (Remarks) includes the entry: “SOLDIER SERVED IN OPERATION DESERT SPRING/IRAQI FREEDOM FROM 020923 UNTIL 030811”.

6.  A review of the applicant's Defense Finance and Accounting Service military pay record shows he was paid imminent danger pay (IDP)/hostile fire pay (HFP) for his service in Macedonia from 10 December 1999 to 16 June 2000 and in Kuwait from 25 September 2002 through 10 August 2003.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-17 provides guidance on the ICM and it states it is authorized for service in Iraq 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.  A bronze service star is authorized with this award for each Iraq campaign a member is credited with participating in. 
During the applicant's tenure of assignment, participation credit was granted for the Liberation of Iraq (19 March 2003-1 May 2003) and Transition of Iraq (2 May 2003-28 June 2004) campaigns.
8.  Paragraph 2-18 of Army Regulation 600-8-22 contains guidance on the GWOT Expeditionary Medal (GWOTEM).  It states that this award is authorized to members who deployed abroad for service in GWOT operations on or after 11 September 2001 to a date to be determined.  Service must have been for at least 30 consecutive days or 60 nonconsecutive days and in support of OEF/OIF. Iraq was an eligible area of eligibility (AOE) through 18 March 2003.

9.  Paragraph 2-19 of Army Regulation 600-8-22 contains guidance on award of the GWOT Service Medal (GWOTSM).  It states that it is authorized to members who have participated in the GWOT operations outside of the designated AOE for the GWOTEM 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, during the qualifying period having served 30 consecutive or 60 nonconsecutive days are authorized the GWOTSM.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains item-by-item instructions for preparing the DD Form 214.  The instructions for item 18 (Remarks) specifies that for active duty Soldiers deployed with his or her unit, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be included.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his correct dates of service in Iraq and the ICM, GWOTEM, GWOTSM.

2.  The evidence of record confirms the applicant did satisfy the regulatory criteria necessary to be eligible for the GWOTEM for his service in Iraq during the period 25 September 2002 through 18 March 2003 and for the ICM with two campaign stars based on his service in Iraq from 19 March 2003 through 10 August 2003.  Further, based on his qualifying active duty service outside of an authorized AOE after 11 September 2001, he is also eligible for the GWOTSM.  As a result, it would be appropriate to add these awards to his record and DD Form 214 at this time.


3.  In addition based on the applicant’s foreign service completed in Macedonia (Operation Desert Spring) and in Kuwait (Operation Iraqi Freedom) as evidenced by his DFAS record, item 18 of his DD Form 214 should be corrected to delete the entry “SOLDIER SERVED IN OPERATION DESERT SPRING/IRAQI FREEDOM FROM 020923 UNTIL 030811” and to add the following entries:

a. “SERVICE IN MACEDONIA FROM 19991210 - 20000616”; and

b. “SERVICE IN KUWAIT FROM 20020925 – 20030810”.

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 amending his DD Form 214 as follows:

a. item 13 - add the Iraq Campaign Medal with two bronze service stars,
Global War on Terrorism Expeditionary Medal, and Global War on Terrorism Service Medal; 

b. item 18 – delete the entry “SOLDIER SERVED IN OPERATION DESERT
SPRING/IRAQI FREEDOM FROM 020923 UNTIL 030811”;

c. item 18 – add the entries " SERVICE IN MACEDONIA FROM 19991210 – 
20000616” and “SERVICE IN KUWAIT FROM 20020925 – 20030810”; and
d. 
issue a correction to the DD Form 214 to reflect these changes.



      _________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)                                         AR20100021117





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ABCMR Record of Proceedings (cont)                                         AR20100021117



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