IN THE CASE OF:	  

		BOARD DATE:	  17 January 2012

		DOCKET NUMBER:  AR20110013685 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 29 April 2005 to:

* remove the Korean Service Medal (KSM) and the "War on Terrorism Expeditionary Medal"
* add the Korea Defense Service Medal (KDSM) and the Iraq Campaign Medal (ICM) with two bronze service stars

2.  The applicant states the KSM was mistakenly entered on his DD Form 214 instead of the KDSM.  He also states that he was awarded the Global War on Terrorism Expeditionary Medal (GWOTEM) for his service in support of Operation Iraqi Freedom (OIF); however, he prefers the ICM in lieu of the GWOTEM.

3.  The applicant provides a copy of his DD Form 214 in support of his request.

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 15 June 1994.  He was trained in and awarded military occupational specialty (MOS) 11H (heavy anti-armor weapons infantryman).

3.  The applicant was honorably released from active duty (REFRAD) on
11 October 1998 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve obligation.  He completed 4 years, 3 months, and 27 days of net active service.  The
DD Form 214 he was issued at the time shows in:

	a.  item 12f (Record of Service - Foreign Service) the entry "0001  00  00"; and

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the:

* Army Commendation Medal
* Army Achievement Medal (4th Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge
* Air Assault Badge

4.  The applicant subsequently enlisted in the Tennessee Army National Guard (TNARNG).  On 18 December 2003, he was ordered to active duty as a member of his TNARNG unit in support of OIF.

5.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  item 5 (Oversea Service) the entry:

* Overseas Service Prior to 11 March 2002 - 12 months
* Europe - Iraq from 18 March 2004 through 28 March 2005


	b.  item 35 (Record of Assignments) he was assigned to the 117th Transportation Company in Iraq, from 18 March 2004 to 28 March 2005.

6.  On 29 April 2005, the applicant was honorably REFRAD.  He completed 1 year, 4 months, and 12 days of net active service this period.  The DD Form 214 for this period of service shows in:

	a.  item 12f the entry "0001  00  11";

	b.  item 13 the:

* Army Commendation Medal (3rd Award)
* Army Achievement Medal (4th Award)
* Army Good Conduct Medal
* National Defense Service Medal (2nd Award)
* KSM
* "War on Terrorism Expeditionary Medal"
* Armed Forces Service Medal
* "War on Terrorism Service Medal"
* Humanitarian Service Medal
* Armed Forces Reserve Medal with "M" Device
* Noncommissioned Officer Professional Development Ribbon
* Overseas Service Ribbon
* Army Lapel Button
* Expert Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge
* Air Assault Badge

	c.  item 18 (Remarks) the entry "SOLDIER SERVED IN SUPPORT OF OPERATION IRAQI FREEDOM IN IRAQ FROM 20040318 THRU 20050328."

7.  During the processing of this case, on 13 December 2011, a member of the Board staff forwarded an email message to the applicant in an effort to obtain additional information and evidence of his overseas service in Korea.

8.  On the same date, the applicant responded indicating he served in Korea from 15 November 1995 until 4 December 1996.  He also provided copies of:

	a.  Orders 186-00422, issued by Headquarters, 101st Airborne Division (Air Assault), Fort Campbell, KY, dated 5 July 1995, that directed the applicant to 
proceed on permanent change of station (PCS) from Fort Campbell to the 1st Adjutant General Replacement Detachment, Camp Coiner, Korea.  The orders show an availability (will proceed) date of 5 November 1995; and
	b.  Orders 102-333, issued by Detachment B, 509th Personnel Service Battalion, dated 11 April 1996, that directed the applicant to proceed on PCS from Korea to the 82nd Adjutant General Replacement Detachment, Fort Bragg, NC.  The orders show an availability (will proceed) date of 6 November 1996.

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The KSM is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

	b.  The 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.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility (AOE) for 30 consecutive or for 60 nonconsecutive days.

	c.  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 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.

		(1)  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.

		(2)  Initial award of the GWOTEM was limited to service members deployed abroad in Operation Enduring Freedom and OIF in specific designated geographic AOEs, which included Iraq between 19 March 2003 and 28 February 2005.

   d.  The ICM is authorized for award to members of the Armed Forces of the United States who have served in direct support of OIF.  The AOE encompasses 
all land area of the country of Iraq and 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.

		(1)  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.  It shows that during the applicant's period of service in Iraq (from 18 March 2004 to 28 March 2005) he served in the following two campaigns:

* Transition of Iraq  (2 May 2003 - 28 June 2004)
* Iraqi Governance  (29 June 2004 - 15 December 2005)

		(2)  Only one award of the ICM may be authorized for any individual.  No service member will be entitled to both the ICM and GWOTEM for the same act, achievement, or period of service.

		(3)  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 the GWOTEM.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.

	e.  The Overseas Service Ribbon (OSR) 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.  Numerals are used to denote the second and subsequent awards of the OSR.

		(1)  According to the U.S. Army Human Resources Command, Military Awards Branch, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.

		(2)  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.

	f.  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 AOEs designated for award of the GWOTEM, Afghanistan Campaign Medal, or ICM.  

	g.  The Army Service Ribbon (ASR) 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 upon successful completion of initial entry training.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contains
item-by-item instructions for completing the DD Form 214.  Item 13 states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; do not use abbreviations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the KDSM and ICM with two bronze service stars.

2.  Records show the applicant:

	a.  served in Korea from November 1995 to November 1996 and that he was credited with 1 year of foreign service during that period;

	b.  served in Iraq in support of OIF from 18 March 2004 through 28 March 2005 and that he served there during the Transition of Iraq and Iraqi Governance campaigns; and

	c.  he successfully completed two overseas tours of duty (Korea and Iraq).

	d.  Thus, the applicant qualified for award of the KDSM, ICM with 2 bronze service stars, and OSR with Numeral 2.

3.  Records also show:

	a.  item 13 of the applicant's DD Form 214 for the period ending 11 October 1998 shows the ASR; however, this award is not recorded on his DD Form 214 for the period ending 29 April 2005; and

	b.  item 13 of the applicant's DD Form 214 for the period ending 29 April 2005 DD Form 214 shows the "War on Terrorism Service Medal"; however, the correct title for this award is the "Global War on Terrorism Service Medal."

4.  Therefore, it would be appropriate to correct the applicant's DD Form 214 for the period ending 29 April 2005 to show his awards and decorations as recommended below.



BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 13 of his DD Form 214 for the period ending 29 April 2005 the:

* Korean Service Medal
* War on Terrorism Expeditionary Medal
* War on Terrorism Service Medal
* Overseas Service Ribbon

	 b.  adding to item 13 of his DD Form 214 for the period ending 29 April 2005 the:

* Iraq Campaign Medal with 2 bronze service stars
* Global War on Terrorism Service Medal
* Korea Defense Service Medal
* Overseas Service Ribbon with Numeral 2
* Army Service Ribbon



      ___________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)                                         AR20110013685



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110013685



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1