BOARD DATE:	  12 May 2011

		DOCKET NUMBER:  AR20100027212 


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 in:

* item 18 (Remarks) he served in Afghanistan from 4 February to 14 August 2002
* item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Iraq Campaign Medal (ICM) and Afghanistan Campaign Medal (ACM)

2.  He states, in effect, his DD Form 214 shows incorrect dates for service in Afghanistan and the ICM and ACM should also be listed.

3.  He provides:

* his DD Form 214
* a DD Form 215 (Correction to DD Form 214)
* deployment orders
* a memorandum attaching him to the 2d Battalion, 187th Infantry
* a DA Form 638 (Recommendation for Award)

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 21 October 1999.  He was honorably released from active duty on 20 December 2003 after completing 4 years and 2 months of net active service.  

3.  Item 13 of his DD Form 214, as amended by a DD Form 215, shows the:

* Army Commendation Medal (ARCOM) (3d Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Bar (2d Award)
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Armed Forces Expeditionary Medal

4.  Item 18 of his DD Form 214 shows he served in:

* Iraq from 28 February to 14 July 2003
* Afghanistan from 4 February to 14 August 2001

5.  He provides Orders 003-715, issued by Headquarters, 101st Airborne Division (Air Assault), Fort Campbell, KY, on 3 January 2002, directing the reassignment and deployment of individuals assigned to the 2d Battalion, 187th Infantry Regiment, in support of Operation Enduring Freedom (OEF).  The orders show affected individuals would proceed on or about 15 January 2002.  

6.  He provides a memorandum showing he was indefinitely attached to the 2d Battalion, 187th Infantry Regiment, effective 27 December 2001.  

7.  He provides a DA Form 638 showing he was awarded the ARCOM for his service in Afghanistan during the period 15 January to 29 June 2002 while assigned to Headquarters and Headquarters Company, 2d Battalion, 187th Infantry.  

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" in block 18 of the DD Form 214.

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

	a.  The general area of eligibility 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, including OEF and Operation Iraqi Freedom (OIF).  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.  

	b.  Service members qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized, or by reason of service between 24 October 2001 and 28 February 2005, in an area for which the ACM was subsequently authorized, will remain qualified for the GWOTEM.  Upon application, any such service member may be awarded the ICM and/or the ACM in lieu of the GWOTEM for such service.  No service member will be entitled to both the GWOTEM and the ACM or ICM for the same act, achievement, or period of service.

10.  Army Regulation 600-8-22 states the ACM is awarded to members who have served in direct support of OEF.  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  The applicant's service coincides with one campaign:  Consolidation I (1 December 2001-30 September 2006).

11.  Army Regulation 600-8-22 states the ICM is awarded to members who have served in direct support of 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 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.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  The applicant's service coincides with two campaigns:  Liberation of Iraq (19 March 2003-1 May 2003) and Transition of Iraq (2 May 2003-28 June 2004).  

12.  A review of his records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

13.  Department of the Army General Order Number 3, dated 2007, awarded the Valorous Unit Award (VUA) to the 2d Battalion, 187th Infantry Regiment, for the period 2 to 19 March 2002.

14.  Army Regulation 600-8-22 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 designated for award of the GWOTEM, 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.  

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant was awarded the GWOTEM for his service in Afghanistan and Iraq and he is now requesting award of the ACM and ICM to recognize that service.  The evidence shows he is eligible for both the ACM and ICM and that he served in one campaign in Afghanistan and two campaigns in Iraq.  Therefore, based on his request the GWOTEM should be deleted from his DD Form 214 and the ACM with one bronze service star and the ICM with two bronze service stars should be added.  

2.  The applicant's DD Form 214 clearly shows an error in the dates of his Afghanistan service.  His DD Form 214 should be corrected to show he served in Afghanistan in 2002 not in 2001.

3.  He was assigned to the 2d Battalion, 187th Infantry Regiment, during a period for which the unit received the VUA.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  His service meets the criteria for the GWOTSM.  Therefore, he is entitled to correction of his DD Form 214 to show this award.
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 making the following changes to his DD Form 214:

	a.  Deleting the GWOTEM from item 13.

	b.  Deleting "SERVICE IN AFGHANISTAN 20010204-20010814" from 
item 18. 

	c.  Adding to item 13 the:

* ACM with one bronze service star
* ICM with two bronze service stars
* VUA
* GWOTSM

	d.  Adding to item 18 the statement "SERVICE IN AFGHANISTAN FROM 20020204 - 20020814."




      _______ _   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)                                         AR20100027212



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ABCMR Record of Proceedings (cont)                                         AR20100027212



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