IN THE CASE OF:	  

		BOARD DATE:	  21 April 2011

		DOCKET NUMBER:  AR20100024684 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Iraq Campaign Medal and the Global War on Terrorism Service Medal.

2.  The applicant states that he served in Iraq from 20 March 2003 to 13 October 2003 and is entitled to these awards.  At the time of his separation, these two awards were not yet authorized for military personnel.  He would like his records corrected and the medal sets issued to him.

3.  The applicant provides a copy of his DD Form 214 with a separation date of 17 January 2004 in support of his application. 

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 18 September 1997.  He completed his initial entry training and was awarded military occupational specialty 31B (Military Police).  

3.  On 17 January 2004, he was honorably released from active duty and had completed 6 years and 4 months of active duty with 3 years, 1 month and 3 days of foreign service.  Item 18 of this DD Form 214 shows the following deployments:

* Service in Iraq from 3 March 2003 to 12 October 2003
* Service in Kosovo from 9 March 2001 to 24 May 2001

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows these awards:

* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal 
* National Defense Service Medal
* Southwest Asia Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* NATO Medal
* Kosovo Campaign Medal
* Army Lapel Button

5.  The Defense Finance and Accounting Service (DFAS) established that the applicant received hostile fire pay/imminent danger pay (HFP/IDP) for service in Kuwait from 3 March to 31 October 2003.

6.  Army Regulation 600-8-22 (Military Awards) states 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 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.

7.  Army Regulation 600-8-22 states 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 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)

8.  Army Regulation 600-8-22 states the Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after         2 August 1990 to 30 November 1995.  

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicant's service on active duty during a qualifying period of service, the applicant is entitled to a correction of his record to show the GWOTSM. 

2.  Based on the applicant's service in Iraq for more than 30 days, he is entitled to have his records corrected to show award of the Iraq Campaign Medal.  The evidence of record shows he served in Iraq from 3 March 2003 to 12 October 2003 during two named campaigns.  Therefore, he is entitled to two bronze service stars to be affixed to his Iraqi Campaign Medal.  

3.  The applicant's DD Form 214 shows he received the Southwest Asia Service Medal.  However, he did not serve in Operations Desert Shield/Desert Storm for he entered active duty after the qualifying period for this service medal had ended.  While he is not entitled to this award, it will remain on his DD Form 214 unless he submits an application to have it removed.



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, item 13 to add the:

* GWOTSM
* Iraq Campaign Medal with two bronze service stars



      ____________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)                                         AR20100024684





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ABCMR Record of Proceedings (cont)                                         AR20100024684



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