IN THE CASE OF:	  

		BOARD DATE:	  28 July 2011

		DOCKET NUMBER:  AR20110001811 


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 he be awarded the Iraq Campaign Medal (ICM), Global War on Terrorism Service Medal (GWOTSM), Global War on Terrorism Expeditionary Medal (GWOTEM), and Overseas Service Ribbon (OSR).

2.  The applicant states he was told that due to his service in Iraq he is entitled to award of the ICM, GWOTSM, GWOTEM, and OSR. 

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); his DD Form 215 (Correction to DD Form 214); and a short, handwritten note indicating the Department of Veterans Affairs told him his discharge was honorable. 

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 in Oklahoma City, Oklahoma on 3 April 2002 for a period of 3 years, training as a cannon crewman, assignment to Fort Sill, Oklahoma and a cash enlistment bonus.

3.  He completed one-station unit training at Fort Sill and remained there for his first assignment.  He deployed to Iraq from 1 April to 2 July 2003 and he returned to his unit at Fort Sill.

4.  On 30 September 2003, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 5-13, due to a personality disorder with a general discharge.  He had served 1 year, 5 months, and 28 days of active service and he was awarded the National Defense Service Medal, Army Service Ribbon, and Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  Army Regulation 600-8-22 (Military Awards) states the ICM 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 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.  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)

6.  Army Regulation 600-8-22 states the 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 GWOTSM, Afghanistan Campaign Medal, or ICM.  All Soldiers on active duty 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 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.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet other, specified criteria.

8.  Army Regulation 600-8-22 states 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, will remain qualified for that medal.  Upon application, any such service member may be awarded 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.

9.  Army Regulation 600-8-22 states the OSR is awarded for successful completion of overseas tours.  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour.  

10.  Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  A silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he is entitled to award of the ICM and the GWOTSM has been noted and found to have merit.  He served during a qualifying period for award of the GWOTSM and he served in Iraq during two campaigns; therefore, he is entitled to award of the ICM with two bronze service stars.

2.  The applicant’s contention that he is entitled to award of the GWOTEM has been noted.  Individuals who serve in Iraq are only entitled to one award for the same period of service.  Inasmuch as he is being awarded the ICM he is not entitled to award of the GWOTEM.

3.  The applicant’s contention that he is entitled to award of the OSR has also been considered.  The applicant did not serve a complete tour in Iraq and thus is not entitled to award of the OSR. 



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 ICM with two bronze service stars and the GWOTSM 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 award of the GWOTSM and OSR.  




      _________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)                                         AR20110001811



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ABCMR Record of Proceedings (cont)                                         AR20110001811



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