BOARD DATE:	  15 May 2012

		DOCKET NUMBER:  AR20110021130 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect all of his awards earned during his service in Iraq.

2.  The applicant states, in effect, that he was processed out of the Army so hastily that all of his authorized awards were not added to his DD Form 214. 

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

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 20 April 2000 for a period of 3 years and training as a combat engineer.  He completed his one-station unit training at Fort Leonard Wood, Missouri, and was transferred to Fort Carson, Colorado, for his first and only duty assignment.  He was advanced to the pay grade of E-4 on 2 December 2002.

3.  He served in Kuwait from 18 December 2001 through 3 May 2002, 6 April 2003 through 2 May 2003, and on 26 July 2003.  He served in Iraq from 3 May 2003 through 6 August 2003.

4.  On 31 October 2003, he was honorably released from active duty (REFRAD) due to completion of required service.  He had served 3 years, 6 months, and 11 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the Army Commendation Medal (2nd Award), Army Achievement Medal, National Defense Service Medal, Army Service Ribbon, and his marksmanship badge.

5.  A review of his official records fails to show any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

6.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

7.  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 areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  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.  

8.  Army Regulation 600-8-22 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.  

9.  Army Regulation 600-8-22 states the Iraq Campaign Medal 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 Iraq Campaign Medal 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)

DISCUSSION AND CONCLUSIONS:

1.  After carefully examining the applicant’s record of service, it appears that the applicant should have received the first award of the AGCM for his service from 20 April 2000 through 19 April 2003.  This conclusion is based on the fact that his record of NJP was for a minor offense and his record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving this award.  The evidence further suggests that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of his unit commanders.  Therefore, in the interest of justice, this error should be corrected by awarding the applicant the AGCM (1st Award) and correcting his DD Form 214 to show this award.

2.  The applicant served during a qualifying period for awards of the GWOTEM and the GWOTSM.  Accordingly, he should be awarded the GWOTEM and the GWOTSM at this time and they should be added to his DD Form 214.

3.  The applicant also served in two campaigns during qualifying period for award of the ICM.  Accordingly, he should be awarded the ICM with two bronze service stars to denote his campaign participation and it should be added to his 
DD Form 214 as well.



BOARD VOTE:

___X__  ___X_____  __X______  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* awarding him the AGCM (first award) for the period 20 April 2000 through 19 April 2003 and adding it to his DD Form 214
* awarding him the GWOTEM and the GWOTSM and adding them to his DD Form 214
* awarding him the ICM with two bronze service stars and adding it to his DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20110021130





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ABCMR Record of Proceedings (cont)                                         AR20110021130



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