IN THE CASE OF:	  

		BOARD DATE:	  12 April 2011

		DOCKET NUMBER:  AR20100025292 


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 that his DD Form 214 be corrected to reflect his first tour in Iraq, his two awards of the Army Achievement Medal (AAM), his award of the Global War on Terrorism Expeditionary Medal (GWOTEM) and a second award of the National Defense Service Medal (NDSM with one bronze service star).

2.  The applicant states that he served two tours in Iraq and his DD Form 214 only reflects one tour and does not reflect his awards of the AAM, the GWOTEM and the NDSM with one bronze service star.

3.  The applicant provides:
* A copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* A copy of his deployment history showing his deployment from 8 March 2003 to 7 March 2004
* A copy of his two awards of the AAM
* A copy of his deployment orders in 2003 

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 2 august 2001 for a period of 4 years and training as an intelligence analyst.  He completed his training and was transferred to Fort Campbell, Kentucky.

3.  He deployed to Iraq/Kuwait from 8 March 2003 to 7 March 2004 and was returned to Fort Campbell.

4.  On 24 August 2004, while serving in the pay grade of E-4, he reenlisted for a period of 4 years, assignment to Hawaii and a selective reenlistment bonus.  He was promoted to the pay grade of E-6 on 1 September 2005.

5.  He again deployed to Iraq from 2 October 2005 through 29 April 2006 and was again returned to his unit in Hawaii.

6.  Permanent Orders 116-09, Headquarters, 205th MI Battalion and Permanent Orders 257-002, Headquarters, 1-502d Infantry both award the applicant AAM's.

7.  On 14 December 2006 he was discharged under other than honorable conditions in the pay grade of E-1 under the provisions of Army Regulation    635-200, paragraph 14-12c (2), due to misconduct (drug abuse).  He had served 5 years, 4 months and 13 days of total active service.

8.  His DD Form 214 issued at the time of his discharge shows only one deployment to Iraq and shows that he was awarded the:
* Army Commendation Medal (2d award)
* Army Achievement Medal (AAM)
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Air Assault Badge

9.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

10.  Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Expeditionary Medal (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 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.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.   

11.  Army Regulation 600-8-22 (Military Awards) 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.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria: (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility while participating in an operation or on official duties, (2) is wounded or injured and requires medical evacuation from the area of eligibility, or (3) while participating as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations.  The Iraq Campaign Medal may be awarded posthumously, only one award of this medal may be authorized for any individual, and under no condition will personnel or units receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service. 

12.  Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon (OSR) was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served a 1-year tour in Iraq/Kuwait from 8 March 2003 to 7 March 2004.  Accordingly, he is entitled to have the entry “Service in Iraq/Kuwait from 20030308 – 20040307” added to his DD Form 214.

2.  The applicant was awarded two awards of the AAM.  Accordingly, his DD Form 214 should be corrected by deleting the award of the AAM and adding the award of the AAM (2d award).

3.  The applicant served two tours in Iraq and was awarded the Iraq campaign Medal for the second tour.  Accordingly, he is entitled to award of the GWOTEM for his first tour.

4.  Additionally, the applicant is entitled to award of the OSR with numeral 2 for his two tours in Iraq.

5.  The applicant’s contention that he should be awarded the NDSM with one bronze service star has been noted and found to lack merit.  The applicant served during only one qualifying period for award of the NDSM.  Accordingly, he is only entitled to one award of the NDSM.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_____X___  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 the entry “Service in Iraq/Kuwait from 20030308 – 20040307” to his DD Form 214
* Deleting the award of the AAM and adding the award of the AAM (2d award) to his DD Form 214
* Awarding him the GWOTEM and adding it to his DD Form 214
* Awarding him the OSR with Numeral “2” and adding it to his DD Form 214

2.  The Board further determined that 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 adding an additional award of the NDSM to his records.




      _______ _   __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)                                         AR20100025292





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ABCMR Record of Proceedings (cont)                                         AR20100025292



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