IN THE CASE OF:	  

		BOARD DATE:	  13 April 2011

		DOCKET NUMBER:  AR20100022346 


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 award of the Global War on Terrorism Expeditionary Medal and the Iraq Campaign Medal.

2.  The applicant states his unit did not award him the Global War on Terrorism Expeditionary Medal and he was released from active duty prior to the date the Iraq Campaign Medal was implemented.

3.  The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), a North Atlantic Treaty Organization (NATO) Medal Certificate, and an Army Commendation Medal Certificate.

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 26 July 1999.

3.  Following completion of military occupational specialty (MOS) training he was awarded MOS 19D (Cavalry Scout).  He was then assigned to the 3rd Battalion, 15th Infantry Regiment, 3rd Infantry Division at Fort Stewart, GA.  His Enlisted Record Brief (ERB) shows assignment to "forward" positions within his unit from 11 September 2000 to 5 March 2001 and from 30 October 2002 to 4 February 2003.

4.  Permanent Orders Number 171-055, issued by Headquarters, 2nd Brigade, 3rd Infantry Division, dated 20 June 2003, awarded the applicant the Army Commendation Medal for meritorious service during Operations Desert Spring and Iraqi Freedom during the period 25 October 2002 to 30 April 2003.

5.  A review of the applicant's Master Military Pay Account (MMPA) by a Defense Finance and Accounting Service (DFAS) representative confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) from:

* 11 September 2000 through 29 March 2001 for service in Bosnia-Herzegovina (Yugoslavia)
* 20 October 2002 through 8 August 2003 for service in Kuwait/Iraq

6.  Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 2-1 (Enlisted Qualification Record - Part II) shows he qualified as an expert with the M-16 rifle and the hand grenade.

7.  On 30 November 2003, the applicant was honorably released from active duty at the completion of required active service.  He completed 4 years, 4 months, and 5 days of creditable active service.  His DD Form 214 shows in:

	a.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Commendation Medal
* Army Achievement Medal (2nd Award)
* Presidential Unit Citation (Army)
* Army Good Conduct Medal
* National Defense Service Medal
* Armed Forces Expeditionary Medal (2nd Award)
* Army Service Ribbon
* 
Army Lapel Button
* NATO Medal (Yugoslavia)

	b.  item 18 (Remarks) the entry "Soldier Served in Operation Desert Spring/
Iraqi Freedom from 021025 [25 October 2002] Until 030810 [10 August 2003].

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

	a.  the Global War on Terrorism Service Medal (established on 12 March 2003) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  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;

	b.  the Global War on Terrorism Expeditionary Medal (established on
12 March 2003) 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.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic areas of eligibility (AOE), including Kuwait; and

	c.  the Iraq Campaign Medal 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 Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to 31 August 2010.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Based on the applicant's dates of service in Iraq, he participated during two campaign periods:

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in support of the Global War on Terrorism outside of the area of operations for other service and campaign medals during the period of eligibility for the Global War on Terrorism Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The applicant initially deployed to Kuwait on 25 October 2002 with subsequent service in Iraq commencing on 20 March 2003.

3.  The applicant served in Kuwait from 25 October 2002 through 19 March 2003. Therefore, he is entitled to the Global War on Terrorism Expeditionary Medal and correction of his DD Form 214 to show this award.

4.  The applicant served in Iraq from 20 March 2003 through 8 August 2003, including participation in two campaign phases.  Therefore, he is entitled to the Iraq Campaign Medal with two bronze service stars and correction of his
DD Form 214 to show this award.

5.  Records show the applicant qualified as an expert with the M-16 rifle and the hand grenade.  Therefore, his DD Form 214 should be corrected to show the Expert Marksmanship Qualification Badge with Rifle (M-16) and Grenade Bars.

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 adding to item 13 of his DD Form 214 the:

* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Expeditionary Medal
* 
Global War on Terrorism Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar



      __________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)                                         AR20100022346



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ABCMR Record of Proceedings (cont)                                         AR20100022346



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