BOARD DATE: 23 May 2012
DOCKET NUMBER: AR20110023171
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 the Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, and Global War on Terrorism Service Medal.
2. The applicant states he qualified for these awards but they are not on listed on his DD Form 214.
3. The applicant provides 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's records show he enlisted in the Regular Army on 20 November 2000 and he held military occupational specialty 21B (Combat Engineer). He was assigned to Company B, 16th Engineer Battalion, Germany.
3. He was honorably released from active duty on 20 December 2003 and transferred to the U.S. Army Reserve. He completed 3 years, 1 month, and 1 day of creditable active service.
4. His DD Form 214 does not show the Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, or Global War on Terrorism Service Medal.
5. An email from the Defense Finance and Accounting Service, dated 7 May 2012, confirmed the applicant received hostile fire pay/imminent danger pay for service in Kuwait from 10 May to 19 September 2003.
6. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom (OIF). The area of eligibility (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.
7. Army Regulation 600-8-22 states the Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in 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 50 states of the United States and outside 200 nautical miles of the shores of the United States.
8. Army Regulation 600-8-22 states the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the designated AOE on or after 11 September 2001 to a future date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant served in Kuwait and served on active duty during a qualifying period for award of the Global War on Terrorism Expeditionary Medal and the Global War on Terrorism Service Medal. Therefore, he is entitled to correction of his DD Form 214 to show these awards.
2. With respect to the Iraq Campaign Medal, the criteria for this award requires the Soldier to have served in Iraq in support of OIF. The evidence of record shows he served in Kuwait. There is no evidence and he has not provided any evidence that shows he served in Iraq; therefore, there is insufficient evidence to grant this portion of his requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X__ ____X____ ____X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 the Global War on Terrorism Expeditionary Medal and Global War on Terrorism Service Medal to his DD Form 214.
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 award of the Iraq Campaign 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) AR20110023171
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ABCMR Record of Proceedings (cont) AR20110023171
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