BOARD DATE:	  3 April 2012

		DOCKET NUMBER:  AR20110018899 


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 separation document to show the Global War on Terrorism Service Medal, Iraq Campaign Medal, and any other awards he is authorized.

2.  The applicant states he served overseas in Iraq in support of Operation Enduring/Iraqi Freedom (OEF/OIF) in 2003.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of 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.  The applicant enlisted in the U.S. Army Reserve (USAR) on 6 November 2000.  Upon completion of training he was awarded military occupational specialty 92Y (Unit Supply Specialist).

3.  He was ordered to active duty with his unit (Company C, 478th Engineer Battalion) on 7 February 2003.

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 15 August 2003 and transferred to his USAR unit based on completion of required active service.  He completed 6 months and 9 days of active service that included 4 months and 7 days of foreign service.  It also shows in:

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

* Army Achievement Medal
* Army Commendation Medal
* National Defense Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon

	b.  item 18 (Remarks):  he served in Kuwait/Iraq from 10 March through
16 July 2003.

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

	a.  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 Global War on Terrorism (GWOT) 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. 

		(1)  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the AOE.

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

   b.  The Iraq Campaign Medal (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 
31 December 2011 (i.e., the cessation of OIF).  It shows during the applicant's period of service in Iraq, he served in the: 

* Liberation of Iraq (19 March 2003 - 1 May 2003)
* Transition of Iraq (2 May 2003 - 28 June 2004)

       (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.

	c.  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 GWOT operations outside of the AOE designated for award of the GWOTEM, ICM, or Afghanistan Campaign Medal (ACM).  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated on or after 11 September 2001 to a date to be determined, having served 30 consecutive or 60 nonconsecutive days are authorized the GWOTSM.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant qualified for award of the GWOTEM for his service in support of the GWOT in Kuwait/Iraq.  Records also show the applicant qualified for award of the ICM in lieu of the GWOTEM based on his service in Iraq.
	a.  In his request, the applicant requests award of the ICM.  Thus, the applicant should be awarded the ICM in lieu of the GWOTEM.  

   b.  Records show the applicant served in Iraq during the Liberation of Iraq and Transition of Iraq campaigns.

   c.  Therefore, it would be appropriate to correct his DD Form 214 to show award of the ICM with two bronze service stars.

2.  Records show the applicant qualified for award of the GWOTSM for his service in the GWOT from 7 February through 9 March 2003.

3.  There is no evidence the applicant qualified for or was awarded any other awards or decorations.

4.  In view of all of the foregoing, it would be appropriate to correct the applicant's
DD Form 214 to show his awards and decorations, as recommended below.

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:

* Iraq Campaign Medal with 2 bronze service stars
* Global War on Terrorism Service Medal


2.  The Board further determined 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 any other awards.




      _______ _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)                                         AR20110018899



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ABCMR Record of Proceedings (cont)                                         AR20110018899



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