IN THE CASE OF:	  

		BOARD DATE:	  27 September 2011

		DOCKET NUMBER:  AR20110002986 


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 any and all awards he is authorized, including the:

* Army Commendation Medal (ARCOM)
* Army Achievement Medal (AAM) (2nd Award)
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Global War on Terrorism Service Medal (GWOTSM)
* National Defense Service Medal (NDSM)
* Iraq Campaign Medal (ICM)
* Southwest Asia Service Medal (SWASM)
* Armed Forces Expeditionary Medal (AFEM)
* Combat Action Badge (CAB)

2.  The applicant states his DD Form 214 does not show these awards.

3.  The applicant provides:

* Permanent Orders GB-0020, dated 10 February 2002, awarding him the Joint Service Commendation Medal (JSCM)
* a DA Form 638 (Recommendation for Award), approved on 17 March 2000, awarding him the AAM


* a DA Form 638, approved on 28 June 2003, awarding him the ARCOM
* a DA Form 638, approved on 9 December 2003, awarding him the AAM (1st oak leaf cluster)

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 requested that the NDSM be added to his DD Form 214.  His DD Form 214 currently shows he was awarded the NDSM.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The ABCMR operates under the procedures set forth in Army Regulation
15-185 which provide that the ABCMR will not consider any application until the applicant has first exhausted all other administrative remedies to correct the alleged error or injustice.  

	a.  Requests for retroactive award of the Combat Action Badge must be forwarded to the Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  For individuals not on active duty or in an active status, he/she may request this award by letter.

	b.  All requests must contain:

* assignment, attachment, or operational control orders
* a copy of the applicant's Enlisted Record Brief or Personnel Qualification Record
* a copy of the chain of command endorsement
* a 1-page narrative description of the qualifying incident


* a certified copy of the DD Form 214
* other supporting documentation 

	c.  Since the applicant has not exhausted his administrative remedy with regard to this award, no further action can be taken at this time.  This does not mean his application has been denied by the ABCMR or that he may not file again.  Should the applicant's case not be satisfactorily resolved and he still feels an error or injustice exists, he may resubmit his application with evidence of the U.S. Army Human Resources Command's denial of his request.  Therefore, this portion of the applicant's request will not be discussed further in these proceedings.

4.  The applicant was born on 9 November 1980.  He enlisted in the Regular Army on 30 October 1998 for a period of 5 years.  He completed training and he was awarded military occupational specialty (MOS) 95B (Military Police (MP)), which was subsequently redesignated as MOS 31B.  He attained the rank/grade of sergeant (SGT)/E-5 on 1 December 2001.  He was honorably released from active duty (REFRAD) on 20 December 2003, having completed 5 years,
1 month, and 21 days of creditable active service. 

5.  The applicant's available records were reviewed on the interactive Personnel Electronic Records Management System (iPERMS).  His iPERMS record contains his:

	a.  Enlisted Record Brief (ERB), dated 24 July 2001.  Section D (Overseas Service) is blank and Section E (Awards and Decorations) shows only the Army Service Ribbon (ASR).

	b.  DA Form 2-1 (Personnel Qualification Record) that shows in:

* item 5 (Overseas Service) he served in Korea from 15 April 1999 to
12 April 2000
* in item 9 (Awards, Decorations, & Campaigns) only the ASR
* item 35 (Records of Assignments) following his return to the United States from Korea he was assigned to the 978th MP Company at Fort Bliss, TX

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time of his REFRAD shows the:

* Army Good Conduct Medal (AGCM)


* NDSM
* Noncommissioned Officer's Professional Development Ribbon (NCOPDR)
* ASR
* Overseas Service Ribbon (OSR)

7.  Permanent Order Number 75-3, issued by Headquarters, 94th MP Battalion, dated 17 March 2000, awarded the applicant the AAM for meritorious service during the period 15 April 1999 to 14 April 2000.

8.  Permanent Orders GB-0020, issued by U.S. Central Command, U.S. Military Training Mission to Saudi Arabia, dated 10 February 2002, awarded the applicant the JSCM for meritorious service during the period 23 August 2001 to 2 March 2002.

9.  Permanent Order Number 157-11, issued by Headquarters, 41st Field Artillery Brigade, dated 28 June 2003, awarded the applicant the ARCOM for meritorious service while serving in Iraq during the period 10 April 2003 to 15 June 2003.  He was responsible for conducting traffic control support and convoy security operations in support of Task Force Bullet.

10.  Permanent Order Number 328-003, issued by Headquarters, 76th MP Battalion, dated 9 December 2003, awarded the applicant the AAM (1st oak leaf cluster) for meritorious service during the period 23 May 2000 to 20 December 2003.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It provides:

	a.  The SWASM is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995.

	b.  The AFEM is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area of operation during specified time periods.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  It defines:


		(1)  “Area of Operation” as the foreign territory upon which troops have actually landed or are present and specifically deployed for the direct support of the designated military operation; adjacent water areas in which ships are operating, patrolling, or providing direct support of operations; and the airspace above and adjacent to the area in which operations are being conducted.

		(2)  “Direct support” is defined as services being supplied to participating forces in the area of eligibility by ground units, ships, and aircraft provided it involves actually entering the designated area of eligibility.  This includes units, ships, and aircraft providing logistic, patrol, guard, reconnaissance, or other military support within the designated area of eligibility.  “Area of eligibility” is defined as the foreign territory on which troops have actually landed or are present and specifically deployed for the operation; adjacent water areas in which ships are operating, patrolling, or providing direct support of the operation; and the air space above and adjacent to the area in which operations are being conducted.

	c.  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.  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.  Only one award of this medal may be authorized for any individual, and under no condition will personnel or units receive the ICM, the GWOTEM, the GWOTSM, the Afghanistan Campaign Medal (ACM), or the AFEM for the same action, time period, or service.  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 2009-31 August 2010)
* New Dawn (1 September 2010-to a date to be determined)

	d.  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.  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.

	e.  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 GWOTEM, ACM, 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.

	f.  The Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	g.  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the AAM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests numerous awards be added to his DD Form 214.

2.  The applicant provided permanent orders or DA Forms 638 showing he was awarded the JSCM, the ARCOM, and two awards of the AAM.  Therefore, his
DD Form 214 should be corrected to show these awards.

3.  The applicant served during a qualifying period of service for entitlement to the GWOTSM.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant served in Iraq during a qualifying period of service to entitlement to the ICM with 2 bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.
5.  The applicant served during a qualifying period of service in Korea for entitlement to the KDSM.  Therefore, his DD Form 214 should be corrected to show this award.

6.  The applicant served in Iraq in 2003 during the global war on terror.  Either the GWOTEM or ICM are authorized awards for that service, but both cannot be awarded for the same period.  Based on his service in Iraq, he is being awarded the ICM with 2 bronze service stars; therefore, he is not entitled to award of GWOTEM as requested.

7.  The applicant's record does not show he served in a specified geographic area of operation during a specified time period designated for award of the AFEM.  Therefore, there is no basis for granting this portion of his request.

8.  The SWASM was awarded for participation in Operations Desert Shield/Storm between 2 August 1990 to 30 November 1995.  The applicant did not enlist in the Army until 30 October 1998.  Therefore, he does not meet the eligibility criteria for this award.

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 to item 13 of his DD Form 214 the:

* Joint Service Commendation Medal
* Army Commendation Medal
* Army Achievement Medal (2nd Award)
* Iraq Campaign Medal with 2 bronze service stars
* Global War on Terrorism Service Medal
* Korea Defense Service Medal

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 to his DD Form 214 the:

* Global War on Terrorism Expeditionary Medal
* Southwest Asia Service Medal
* Armed Forces Expeditionary Medal



      ____________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)                                         AR20110002986



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110002986



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1