BOARD DATE:	  10 March 2011

		DOCKET NUMBER:  AR20100021627 


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 the Iraq Campaign Medal (ICM), Global War of Terrorism Service Medal (GWOTSM), Presidential Unit Citation, Navy Unit Commendation, Valorous Unit Award, and Joint Meritorious Unit Award.

2.  The applicant states his DD Form 214 shows he served in Iraq in support of Operation Iraqi Freedom (OIF) from 11 May to 11 August 2003; however, it does not show any awards or decorations related to this service.  He adds he prefers award of the ICM in lieu of the Global War of Terrorism Expeditionary Medal (GWOTEM).

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

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 was appointed as a Reserve commissioned officer in the rank of second lieutenant on 15 August 1998.  He was ordered to active duty for a period of 4 years on 5 October 1998.  Upon completion of training he was awarded primary specialty 74A (Chemical Officer, General).  He was promoted to captain on 1 May 2002.

3.  The applicant's military personnel records do not contain a copy of his Officer Record Brief.

4.  A DA Form 67-9 (Officer Evaluation Report) for the period 16 June 2002 through 13 December 2003 shows the applicant was assigned to Headquarters and Headquarters Company, 1st Brigade, 1st Armored Division.  It also shows he served as the Brigade Chemical Officer/Brigade Battle Captain of a heavy armored brigade that was forward-deployed in Iraq.

5.  The applicant's DD Form 214 shows he entered active duty on 5 October 1998, he was honorably released from active duty on 20 December 2003, and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  He completed 5 years, 2 months, and 16 days of net active military service during this period.

	a.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Commendation Medal (2nd Award), Army Achievement Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, North Atlantic Treaty Organization Medal, and Kosovo Campaign Medal.

	b.  Item 18 (Remarks) shows he served in Kosovo from 15 October to 11 December 2000 and in Iraq from 11 May to 11 August 2003.

6.  There is no evidence in the applicant's military personnel records that shows he was awarded the GWOTEM, ICM, or GWOTSM.

7.  A review of the U.S. Army Human Resources Command Military Awards Branch webpage for recently approved unit awards failed to reveal any approved unit awards for the applicant's unit during the period of his assignment in Iraq.

8.  Headquarters, 1st Armored Division, memorandum for record, dated 12 October 2004, subject:  Wear of 1st Armored Division Unit Awards, lists unit (combat) awards to Task Force 1st Armored Division units and the periods of the awards.  This document fails to reveal any approved unit awards for the applicant's unit during the period of his assignment in Iraq.

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The 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 50 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.

	b.  The ICM is authorized for award to members of the Armed Forces of the United States who served in direct support of OIF.  The AOE encompasses all land area of the country of Iraq and 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.

		(1)  A bronze service star is authorized for wear with the ICM for participation in each credited campaign.  Army Regulation 600-8-22 shows that during the applicant's overseas tour in Iraq from 11 May 2003 to 11 August 2003 he participated in the Transition of Iraq (2 May 2003-28 June 2004) campaign.

		(2)  Only one award of the ICM may be authorized for any individual.  No service member will be entitled to both the ICM and GWOTEM for the same act, achievement, or period of service.  Upon application, such a service member may be authorized the ICM in lieu of the GWOTEM for such service.

	c.  The GWOTSM is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the AOE's designated for award of the GWOTEM, Afghanistan Campaign Medal (ACM), or ICM.  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.

	d.  The Presidential Unit Citation is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

	e.  The Valorous Unit Award is awarded for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation.  Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

10.  The Navy Unit Commendation was established by order of the Secretary of the Navy on 18 December 1944.  It is awarded by the Secretary to any ship, aircraft, detachment, or other unit of the naval service of the U.S. Navy which, subsequent to 6 December 1941, distinguished itself by outstanding heroism in action against the enemy, but not sufficient to justify award of the Presidential Unit Citation.

11.  Department of Defense (DOD) Instruction 1348.33 (Military Awards Program) shows the Joint Meritorious Unit Award was authorized by the Secretary of Defense on 10 June 1981.  It is awarded to recognize joint units and activities for meritorious achievement or service superior to that which is normally expected.  Qualifying achievements must be superior to that which is expected under conditions of combat with an armed enemy of the United States, a declared national emergency situation, or extraordinary circumstances and should be operational in nature.  The Joint Meritorious Unit Award may not be awarded to any DOD activity which has received any other unit award for the same achievement or period of service.

12.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.  Soldiers assigned to the unit subsequent to the award are authorized temporary wear of the unit award while a member of the unit; however, the unit award is not authorized to be recorded on the DD Form 214.

13.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  Paragraph 2-4 contains item-by-item instructions for completing the DD Form 214.  Item 13 states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; do not use abbreviations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show the ICM, GWOTSM, Presidential Unit Citation, Navy Unit Commendation, Valorous Unit Award, and Joint Meritorious Unit Award for his service in Iraq and in support of OIF and the Global War on Terrorism.

2.  Records show the applicant qualified for award of the GWOTEM for his service in support of the Global War on Terrorism in the AOE.  Records also show the applicant qualified for award of the ICM in lieu of the GWOTEM based on his service in support of OIF.

	a.  The applicant requests award of the ICM in lieu of the GWOTEM.

	b.  Records show the applicant served in Iraq during the Transition of Iraq campaign.

	c.  Therefore, it would be appropriate to correct his DD Form 214 to show award of the ICM with one bronze service star.

3.  Records show the applicant qualified for award of the GWOTSM for his service in support of the Global War on Terrorism outside the AOEs (e.g., for the GWOTEM and ICM).  Therefore, it would be appropriate to correct his DD Form 214 to show award of this service medal.

4.  There is no evidence of record that shows the applicant's unit was awarded the Presidential Unit Citation, Navy Unit Commendation, Valorous Unit Award, or Joint Meritorious Unit Award during the period of the applicant's assignment in Iraq in support of OIF.  Therefore, the applicant is not entitled to correction of his DD Form 214 to show any of these unit awards.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x___  ____x____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 ICM with one bronze service star and GWOTSM.

2.  The Board further determined 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 the Presidential Unit Citation, Navy Unit Commendation, Valorous Unit Award, and Joint Meritorious Unit Award.



      __________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)                                         AR20100021627



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ABCMR Record of Proceedings (cont)                                         AR20100021627



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