IN THE CASE OF:	  

		BOARD DATE:	  26 May 2011

		DOCKET NUMBER:  AR20100027464 


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 he be awarded the Iraq Campaign Medal (ICM) in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM).  He also requests that he be awarded the Overseas Service Ribbon (OSR).  

2.  The applicant states he was awarded the GWOTEM for his service in Kuwait and Iraq, but he would like to have the ICM instead of the GWOTEM.  He also requests award of the OSR for this period of overseas service.   

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) and an awards list 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’s record shows on 3 February 2003, while serving as a member of the Mississippi Army National Guard (MSARNG), he was ordered to active duty in support of Operation Enduring/Iraqi Freedom.  It further shows that during this period of active duty service, he served in Kuwait/Iraq from 8 March 2003 through 20 February 2004.  The record is void of any information regarding the specific period served in Kuwait and/or Iraq during this period of active duty.    

3.  The applicant’s DA Form 2-1 (Personnel Qualification Record) shows in item 5 (Overseas Service) that he completed 11 months of service in Kuwait/Iraq from 8 March 2003 through 20 February 2004.  It also indicates his service was performed in a temporary duty (TDY) status and a normal tour was not completed.  Item 5 does not distinguish the specific dates the service was performed in Kuwait or Iraq.  

4.  On 22 March 2004, the applicant was honorably released from active duty, in the rank of sergeant/E-5, and returned to his MSARNG unit.  The DD Form 214 he was issued at the time shows he competed 1 year, 1 month, and 20 days of active military service during the period, of which 11 months and 13 days were served overseas. 

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s 22 March 2004 DD Form 214 does not include the GWOTEM, ICM or OSR in the awards listed.  Item 18 (Remarks) contains an entry indicating the applicant served in Kuwait/Iraq from
8 March 2003 through 20 February 2004, but it fails to specify the specific dates served in each country.   

6.  On 15 December 2006, the applicant was honorably discharged from the MSARNG and transferred to the U.S. Army Reserve Control Group.  The NGB Form 22 (Report of Separation and Record of Service) he was issued at the time includes the GWOTEM in item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).  The OSR and ICM are not included in the list of awards.  

7.  The applicant provides an awards information print-out, dated 12 October 2010, that lists the awards he earned while serving in the MSARNG.  This list includes the GWOTEM. 



8.  Department of the Army Personnel Policy Guidance for Overseas Contingency Operations contains personnel policy guidance for members mobilized/deployed for overseas contingency operations.  Paragraph 13-6 contains guidance on awards, decorations and tour credit.  Subparagraph d contains guidance on the OSR and states it may be awarded to members credited with normal tour completion.  Subparagraph e contains guidance on tour credit and states Soldiers deployed to isolated areas for which tour credit has not been established (Kuwait/Iraq) may be given normal tour completion credit if they complete 9 months in a continuous TDY status. 

9.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-18 contains guidance on the GWOTEM.  It states it is authorized for 30 consecutive or 60 non-consecutive days of service in an authorized area of eligibility (AOE) on or after 11 September 2001.  Paragraph
2-17 contains guidance on the ICM.  It states it is authorized for service in Iraq from 19 March 2003 to a date to be determined.  Service members qualified for the GWOTEM by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized, will remain qualified for that medal. Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement or period of service. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be awarded the OSR for his overseas service in Kuwait/Iraq has been carefully considered and found to have merit.  

2.  Army policy provides for granting normal overseas tour credit to members who complete 9 or more months of service in isolated areas for which a normal overseas tour length has not been established.  It also provides for awarding the OSR to members who complete a normal overseas tour. 

3.  In this case, the evidence of record confirms the applicant completed 
11 months and 13 days of service in Kuwait/Iraq, which are isolated areas with no normal tour length established.  Therefore, it would be appropriate to correct his record to show he completed a normal overseas tour and to add the OSR to his record and DD Form 214.



4.  The applicant’s request to be awarded the ICM in lieu of the GWOTEM has also been carefully considered.  However, the available evidence fails to distinguish the specific dates the applicant completed service in Kuwait and/or Iraq during the period of deployment in question.  As a result, there is insufficient evidence to establish that the applicant completed a qualifying period of service in Iraq to qualify for award of the ICM.  As a result, there is an insufficient evidentiary basis to support granting this portion of the requested relief.  However, it is noted that item 13 of the DD Form 214 issued to the applicant on 22 March 2004 does not include the GWOTEM.  As a result, it would be appropriate to add it at this time.  

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 showing he completed a normal overseas tour based on his service in Kuwait/Iraq from 8 March 2003 through 20 February 2004; and by adding the OSR and GWOTEM to his 22 March 2004 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 awarding the ICM in lieu of the GWOTEM. 



      _______ _   _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)                                         AR20100027464



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100027464



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1