IN THE CASE OF:	  

		BOARD DATE:	    31 January 2012

		DOCKET NUMBER:  AR20110015025 


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 he was awarded the Iraq Campaign Medal (ICM) and the Global War on Terrorism Expeditionary Medal (GWOTEM), both of which he believes he rightfully earned.

2.  The applicant states he believes he meets the criteria to be awarded the ICM and the GWOTEM based on the supporting evidence he submitted.

3.  The applicant provides:

* DD Form 214
* Printouts from the website “USAMILITARYMEDALS.COM”
* Permanent Orders 7-7, dated 7 January 2003

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 28 February 2001.  He completed training as a wheel vehicle repairer.

3.  He was honorably released from active duty on 27 February 2004.  Item 18 (Remarks) on his DD Form 214 shows he served in Operation Enduring/Iraqi Freedom from 21 January 2003 until 1 August 2003.  

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 shows the following awards:

* Army Commendation Medal
* Army Achievement Medal
* Presidential Unit Citation (Army)
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Army Lapel Button
* Driver and Mechanic Badge

5.  The applicant submits printouts from the website “USAMILITARYMEDALS.COM” explaining the criteria for award of the ICM and the GWOTEM.  He also submits Permanent Orders 7-7 dated 7 January 2003 showing his movement to Kuwait in support of Operation Enduring Freedom, effective 15 January 2003.

6.  Information obtained from the Defense Finance and Accounting Service (DFAS) reveals that per the applicant's master military pay account, he entered the combat zone in Kuwait and received hostile fire/imminent danger pay from 21 January 2003 through 31 July 2003.

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

   a.  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.  The Secretary of Defense, when 

recommended by the Chairman, Joint Chiefs of Staff, will designate the specific AOE per qualifying operation.  

   b.  The ICM is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  The AOE 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)

   c.  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 the 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.

   d.  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 the Global War on Terrorism operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been noted.  His supporting evidence has been considered.

2.  The evidence of record shows that he entered the combat zone in Kuwait and received hostile fire/imminent danger pay from 21 January 2003 through 31 July 2003.  The Iraq War began on 19 March 2003.  He is authorized the GWOTEM based on his service from 21 January 2003 to 19 March 2003.  
3.  He appears that he served in Iraq from 19 March 2003 through 31 July 2003.  It would be in the interest of justice to correct his DD Form 214 to show he is authorized the ICM with three bronze service stars.

4.  The available record also shows he is authorized the GWOTSM and this award should also be included on his DD Form 214.  

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 amending item 13 on his DD Form 214 to add the following awards:

* Iraq Campaign Medal with three bronze service stars
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service 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)                                         AR20110015025





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ABCMR Record of Proceedings (cont)                                         AR20110015025



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