IN THE CASE OF:	 

		BOARD DATE:	  23 May 2012

		DOCKET NUMBER:  AR20110023757 


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 decorations he earned for his overseas service in support of Operation Iraqi Freedom (OIF).

2.  He states he would like to obtain the ribbons he earned while he was in the service for veterans' preference.  The decorations did not exist at the time of his discharge.

3.  He provides his DD Form 214 and a Service Member Deployment History.  

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 16 January 2002.  After completing initial entry training, he was awarded military occupational specialty 92R (Parachute Rigger).

3.  On 8 December 2003, he was honorably released from active duty after completing 1 year, 10 months, and 23 days of net active service.  His DD Form 214 shows in:

* item 12f (Foreign Service) - 2 months and 22 days
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) no awards for service in support of the Global War on Terrorism or OIF

4.  Item 18 (Remarks) of his DD Form 214 does not show any deployed service.

5.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire pay/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for Kuwait/Iraq from 13 February through 7 May 2003.

6.  He provides a Service Member Deployment History showing he was deployed to an unspecified location from 24 February to 15 May 2003 in support of a "named operation."

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

	a.  Initial award of the GWOTEM was limited to service members deployed abroad in Operation Enduring Freedom and OIF in designated specific geographic areas of eligibility (AOE), including Kuwait.  

	b.  The regulation further states 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, or meet other specified criteria.

8.  Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who have served in direct support of 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 include the:

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

9.  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.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in block 18.

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows he was deployed to Kuwait/Iraq from 13 February through 7 May 2003.  Although the record does not specify the operation for which he deployed, it is reasonable to presume the deployment was in support of the Global War on Terrorism and OIF.  Therefore, he is entitled to the Global War on Terrorism Expeditionary Medal for the period 13 February 2003 through
18 March 2003 and the Iraq Campaign Medal with two bronze service stars for the period 19 March through 7 May 2003.  He is also entitled to correction of his DD Form 214 to show these awards.

2.  He served during a qualifying period of service for the Global War on Terrorism Service Medal.  Therefore, he is entitled to this award and correction of his DD Form 214 to show this award.

3.  Based on his deployed service in support of the Global War on Terrorism and Operation Iraqi Freedom, he is entitled to correction of his DD Form 214 to show this deployed service.

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.  adding to item 13 of his DD Form 214 the:

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

	b.  issuing him the above awards; and

	c.  adding to item 18 of his DD Form 214 the entry:  "SERVICE IN KUWAIT/IRAQ FROM 20030213 – 20030507."



      ____________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)                                         AR20110023757



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ABCMR Record of Proceedings (cont)                                         AR20110023757



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