IN THE CASE OF:	  

		BOARD DATE:	  28 June 2011

		DOCKET NUMBER:  AR20100027980 


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, the Afghanistan Campaign Medal, and two Army Commendation Medals (ARCOM).

2.  The applicant states he prefers award of the Iraq Campaign Medal and the Afghanistan Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM).  He states he received an ARCOM for his service with Company C, 1st Ranger Battalion and a second ARCOM when he served with Company B, 1st Battalion, 32nd Infantry, 10th Mountain Division.

3.  The applicant provides a copy of his DD Form 214 with a separation date of 24 April 2005 and Iraq Campaign Medal and Afghanistan Campaign Medal fact sheets.

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 25 April 2001.  He completed initial entry training and was awarded military occupational specialty 11B (Infantryman).

3.  He was awarded the Army Achievement Medal by Permanent Orders 259-48 issued by Headquarters, 1st Battalion, 75th Ranger Regiment, on 16 September 2002 for his outstanding duty performance during Operations Frequent Wind and Olympic Thrust.

4.  He was awarded the ARCOM by Permanent Orders 247-089 issued by Headquarters, 75th Ranger Regiment, on 4 September 2003 for his service in support of Operation Enduring Freedom (OEF).

5.  On 24 April 2005, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He was issued a DD Form 214 that shows the following awards in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized):

* Army Commendation Medal
* Army Achievement Medal
* Army Good Conduct Medal 
* National Defense Service Medal
* GWOTEM
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Combat Infantryman Badge 
* Parachutist Badge
* Army Lapel Button

6.  Item 18 (Remarks) of his DD Form 214 contains the following pertinent deployment information:

* SERVICE IN AFGHANISTAN:  20020901-20030115
* SERVICE IN KUWAIT/IRAQ:  20030901-20040915

7.  His records maintained in the interactive Personnel Electronic Records Management System are devoid of permanent orders awarding him a second ARCOM.



8.  References:

	a.  Army Regulation 600-8-22 (Military Awards) states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  Army Regulation 600-8-22 states the GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility encompasses all foreign land, water, and air spaces outside the 50 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.

	c.  Army Regulation 600-8-22 states the Afghanistan Campaign Medal is awarded to members who 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.  Approved designated Afghanistan campaigns are:

* Liberation of Afghanistan (11 September 2001-30 November 2001)
* Consolidation I (1 December 2001-30 September 2006)
* Consolidation II (1 October 2006-date to be determined

	d.  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)

	e.  Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon 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 U.S. Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.

	f.  Army Regulation 614-30 (Overseas Service), table 3-2 (Award of Tour Credit and Adjustment of Date Eligible to Return from Overseas/Date of Return from Overseas (DROS)), states a Soldier will be credited with a completed tour and awarded a new DROS if he/she serves less than the normal prescribed overseas tour and the curtailment is for the convenience of the government and through no request from or fault of the Soldier.

	g.  Headquarters, U.S. Army Human Resources Command Awards Branch determined that Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 continuous months in Iraq or Afghanistan get credit for a completed short tour in compliance with table 3-2 of Army Regulation 614-30.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the GWOTEM for his service in Afghanistan from 1 September 2002 to 15 January 2003, a duration of 4 months and 15 days.  He now contends his record should be corrected to show the Afghanistan Campaign Medal for this specific period of service.  The applicant is not entitled to both medals for the same period of service.  Therefore, it would be appropriate based on his personal request to delete the GWOTEM from his DD Form 214 and replace it with the Afghanistan Campaign Medal for his qualifying service.  In addition, he is entitled to one bronze service star to be affixed to this Afghanistan Campaign Medal based on his service during the Consolidation I campaign.

2.  The applicant served in Iraq from 1 September 2003 to 15 September 2004 for a duration of 1 year and 15 days.  Therefore, he is entitled to the Iraq Campaign Medal and two bronze service stars to be affixed to it based on his service during the Transition of Iraq and Iraqi Governance campaigns.

3.  Based on the applicant's service in Iraq for a period longer than 11 continuous months, he is entitled to award of the Overseas Service Ribbon and correction of his DD Form 214 to show this award.

4.  His record is devoid of permanent orders awarding him a second ARCOM and he did not provide permanent orders showing he was awarded a second ARCOM.  Therefore, there is insufficient evidence to support correcting his record to show he was awarded a second ARCOM.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

	a.  deleting the GWOTEM from item 13 of his DD Form 214 and

	b.  adding the following awards to item 13 of his DD Form 214:

* Afghanistan Campaign Medal with one bronze service star
* Iraq Campaign Medal with two bronze service stars
* Overseas Service Ribbon

2.  The Board further determined 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 correcting his record to show award of a second ARCOM.



      _____________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)                                         AR20100027980



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ABCMR Record of Proceedings (cont)                                         AR20100027980



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