IN THE CASE OF:	  

		BOARD DATE:	  1 September 2011

		DOCKET NUMBER:  AR20110003328 


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), “Operation Enduring Freedom Medal,” “Army Expeditionary Medal,” “Global War on Terrorism Medal” and the “Iraqi Freedom Medal.”  

2.  The applicant states, in effect, that he served two tours in Iraq and his 
DD Form 214 (Certificate of Release or Discharge from Active Duty) does not reflect all of the awards he should have received.

3.  The applicant provides no additional documents with 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.  On 9 February 2001, the applicant enlisted in the Regular Army for a period of 3 years, training as a cavalry scout, and an $8,000 enlistment bonus.  He completed his one-station unit training at Fort Knox, Kentucky and was transferred to Fort Polk, Louisiana for his first and only duty assignment. 

3.  He deployed to Kuwait in support of Operation Enduring Freedom from 12 April 17 October 2002 and to Iraq from in support of Operation Iraqi Freedom from 26 April to 11 November 2003.

4.  On 8 February 2004, he was honorably released from active duty (REFRAD) due to completion of required service.  He had served 3 years of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the Army Commendation Medal, National Defense Service Medal, and the Army Service Ribbon (OSR).

5.  Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Expeditionary Medal (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.  

6.  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 AOE designated for award of the GWOTEM, 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.  Amy Regulation 600-8-22 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 areaout 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 2009-31 August 2010)
* New Dawn (1 September 2010-to a date to be determined)

8.  Army Regulation 600-8-22 states the Armed Forces Expeditionary Medal (AFEM) is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area 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.  There are no operations in Iraq that have been approved for award of the AFEM.

9.  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.  

10.  Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Army Regulation 600-8-22 gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.  The Iraqi Freedom Medal is not an authorized award for entry in military records.

DISCUSSION AND CONCLUSIONS:

1.   The applicant’s contentions have been noted and found to have some merit.  He served in Kuwait and Iraq a total of 1 year and 22 days during two deployments. 

2.  Accordingly, he qualifies for award of the GWOTEM, ICM with two bronze service stars, and the GWOTSM.

3.  However, his contention that he should be awarded the AFEM and the Iraqi Freedom Medal appear to lack merit.  There are no operations listed in Kuwait and Iraq for award of the AFEM and the Iraqi Freedom Medal is not an award that is authorized or recognized for award in Army Regulation 600-8-22.  Additionally, there is no evidence that he was ever awarded the Iraqi Freedom Medal and that award is not authorized for entry on the DD Form 214. 
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 awarding him the GWOTEM, GWOTSM, ICM with two bronze service stars and adding them 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 awarding him the AFEM and the Iraqi Freedom 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)                                         AR20110003328



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ABCMR Record of Proceedings (cont)                                         AR20110003328



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