IN THE CASE OF:	  

		BOARD DATE:	  27 September 2011

		DOCKET NUMBER:  AR20110003777 


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:

* Remove the Global War on Terrorism Expeditionary Medal (GWOTEM)
* Add the Iraq Campaign Medal with two bronze service stars (ICM)
* Add the Meritorious Unit Commendation (MUC)
* Add the Navy Unit Commendation (NUC)
* Add the Overseas Service Ribbon (OSR)

2.  The applicant states he only recently discovered these award omissions.

3.  The applicant provides copies of his DD Form 214; certificate and directive for award of the MUC; Memorandum for the Commandant of the Marine Corps, dated 6 October 2006 with enclosure; and a reference sheet for the ICM.

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. At the time of the applicant's application, he was retired from the Army National Guard with the rank of Command Sergeant Major, pay grade E-9.

3.  The applicant's DD Form 214 indicates in:

	a.  Item 8a (Last Duty Assignment and Major Command): Headquarters and Headquarters Company, 153rd Engineer Battalion (Combat) (Mechanized);

	b.  Item 12 (Record of Service): 

* 12a (Date entered active duty this period): 7 December 2003
* 12b (Separation date this period): 13 March 2005
* 12c (Net active service this period): 1 year, 3 months, and 7 days
* 12f (Foreign Service): 1 year

	c.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* Bronze Star Medal
* Army Commendation Medal (2nd award)
* Army Achievement Medal (4th award)
* Army Good Conduct Medal (2nd award)
* Army Reserve Components Achievement Medal (6th award)
* National Defense Service Medal (3rd award)
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Humanitarian Service Medal (2nd award)
* Armed Forces Reserve Medal (3rd award)
* Noncommissioned Officer Professional Development Ribbon with Numeral 4
* Army Service Ribbon
* Army Reserve Components Overseas Training Ribbon (2nd award)
* Driver and Mechanic Badge with Driver-T Bar
* Overseas Service Bar (2nd award)
* Armed Forces Reserve Medal with "M" Device

	d.  Item 18 (Remarks): Service in Kuwait and Iraq from 21 February 2004 - 
20 February 2005.
4.  On 8 March 2007, the Secretary of the Army awarded the 153rd Engineer Battalion the MUC for meritorious service in support of Operation Iraqi Freedom during the period from 21 February 2004 to 19 February 2005.

5.  The memorandum for the Commandant of the Marine Corps, dated 6 October 2006, as provided by the applicant, includes an attached listing of units identified as having been awarded the NUC.  That listing indicates Company A, 980th Engineer Combat Battalion (Heavy) was awarded the NUC and that this unit was subordinate to the 153rd Engineer Battalion.  It does not clearly show that the 153rd also received this award.

6.  Army Regulation 600-8-22 (Military Awards):

	a.  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)

	b.  Service members who 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 the Iraq Campaign Medal 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.

	c.  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 Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

	d.  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 Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

7.  According to the Awards Branch at U.S. Army Human Resources Command, 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 months continuous in Iraq or Afghanistan get credit for a completed short tour.  (Rules 6 and 8 of Table 3-2 Army Regulation 614-30, Overseas Service, apply).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected by removing the GWOTEM and adding the MUC, NUC, ICM with two bronze service stars, and the OSR.

2.  The available evidence clearly shows the applicant was deployed to Iraq/Kuwait from 21 February 2004 to 20 February 2005.  Furthermore, he was awarded the GWOTEM.  He now requests that this medal be withdrawn and the ICM with two bronze service stars be awarded in its place.  This portion of his request should be granted.  The ICM with two bronze service stars should be shown on his DD Form 214

3.  The evidence clearly shows that the applicant's unit was awarded the MUC.  Therefore, this medal should be shown on his DD Form 214.

4.  The available evidence clearly shows that the applicant served overseas for a total period of 1 year in an area qualifying for award of the Overseas Service Ribbon.  Therefore, this service ribbon should be shown on his DD Form 214.

5.  The available evidence indicates that a unit subordinate to the applicant's unit was awarded the NUC.  However, the evidence does not clearly show his unit also received this medal.  Therefore, this portion of his request should be denied.

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:

	a.  deleting from his DD Form 214 the Global War on Terrorism Expeditionary Medal;

	b.  showing in addition to the awards already shown on his DD Form 214, that his awards include the:

* Meritorious Unit Commendation
* Iraq Campaign Medal with two bronze service stars
* Overseas Service Ribbon

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 Navy Unit Commendation.



      _________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)                                         AR20110003777





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ABCMR Record of Proceedings (cont)                                         AR20110003777



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