IN THE CASE OF:	  

		BOARD DATE:	  7 August 2012

		DOCKET NUMBER:  AR20120000918 


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 add the Armed Forces Reserve Medal (AFRM) with "M" Device.  In an amendment to his original application the applicant further requests award of the Iraq Campaign Medal (ICM) in lieu of a second award of the Global War on Terrorism Expeditionary Medal (GWOTEM) and correction of his DD Form 214 accordingly.

2.  The applicant states the AFRM with "M" Device was never recorded on his DD Form 214 after his deployment to Kuwait with the 456th Adjutant General Replacement Detachment was completed.

3.  The applicant provides:

* DD Form 214 for the period ending 29 October 2007
* mobilization orders
* demobilization orders
* separation leave records
* Executive Order 13013

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.  On 8 April 2006, the applicant was honorably released from active duty in the Regular Army and transferred to the U.S. Army Reserve (USAR) with assignment to the 456th Adjutant General Replacement Detachment.  His DD Form 214 for this period of service shows he served in Iraq from 11 January 2004 through 11 January 2005 and was awarded the GWOTEM.

3.  9th Regional Readiness Command, Honolulu, HI, Orders 06-164-00009, dated 13 June 2006, ordered the applicant to active duty as a member of his USAR unit in support of Operation Iraqi Freedom (OIF) (Iraq) for a period of 480 days effective 13 July 2006.

4.  U.S. Army Garrison-Hawaii, Schofield Barracks, HI, Orders 292-0005, dated 19 October 2007, released the applicant from active duty in support of OIF based on demobilization of forces from contingency operations effective 29 October 2007.

5.  On 29 October 2007, he was honorably released from active duty to the control of his USAR unit due to completion of required active service.  His DD Form 214 shows he completed 1 year, 3 months, and 17 days of active service during this period which included 11 months and 28 days of foreign service.

6.  His DD Form 214 for the period ending 29 October 2007 shows he was awarded or authorized the:

* Army Commendation Medal (3rd Award)
* Army Achievement Medal (4th Award)
* Army Good Conduct Medal (3rd Award)
* National Defense Service Medal
* GWOTEM (2nd Award)
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon (3rd Award)
* Overseas Service Bar (4th Award)
* Army Lapel Button
* Expert Marksmanship Qualification Badge with Rifle and Grenade Bars
* Air Assault Badge

7.  The remarks block of his DD Form 214 for the period ending 29 October 2007 shows he was ordered to active duty in support of OIF and he served in Kuwait from 6 October 2006 through 3 October 2007 (11 months and 28 days).

8.  Army Regulation 600-8-22 (Military Awards) states the AFRM is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components for a period of 10 years.  Also qualifying for this award are members who were called to active duty on or after 1 August 1990 and served under Title 10, U.S. Code, sections 12301(a), 12302, 12304, 12406.  The member must have been called or volunteered and served on active duty in support of specific U.S. military operations or contingencies designated by the Secretary of Defense, as defined in Title 10, U.S. Code, section 101(A)(13).

9.  Army Regulation 600-8-22 states the Iraq Campaign Medal (ICM) is awarded to individuals who 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 ICM period of eligibility is on or after 19 March 2003 to 31 December 2011.  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 2009-31 August 2010)
* New Dawn (1 September 2010-31 December 2011)

10.  Army Regulation 600-8-22 states service members who 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.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to add the AFRM with "M" Device was carefully considered and determined to have merit.

2.  His records show he was ordered to active duty as a member of his USAR unit in support of OIF and served in Kuwait/Iraq during the period 6 October 2006 through 3 October 2007.  Therefore, he meets the criteria for award of the AFRM with "M" Device and is eligible for its award and addition to his DD Form 214 for the period ending 29 October 2007.

3.  His prior service in Iraq from 11 January 2004 through 11 January 2005 coincided with the Transition of Iraq and Iraqi Governance campaigns.

4.  Although his DD Form 214 for the period ending 29 October 2007 shows he was authorized a second GWOTEM, there is no provision for awarding multiple GWOTEM's.  He is, however, eligible for award of the ICM with two bronze service stars for participating in two campaigns in lieu of the GWOTEM for his service in Iraq from 11 January 2004 through 11 January 2005.  In as much as he specifically requested award of the ICM in lieu of one award of the GWOTEM, one GWOTEM should be deleted from his DD Form 214 and replaced by the ICM with two bronze service stars.  The GWOTEM for his service in Kuwait from 6 October 2006 through 3 October 2007 should be retained.

BOARD VOTE:

____x___  ____x___  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 AFRM with "M" Device for the period 13 July 2006 through 29 October 2007 by memorandum
* deleting the GWOTEM (2nd Award) from his DD Form 214 for the period ending 29 October 2007
* adding the GWOTEM, AFRM with "M" Device, and ICM with two bronze service stars to his DD Form 214 for the period ending 29 October 2007



      _____________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)                                         AR20120000918



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ABCMR Record of Proceedings (cont)                                         AR20120000918



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