IN THE CASE OF:	  

		BOARD DATE:	  17 July 2012

		DOCKET NUMBER:  AR20120000920 


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 the following awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 
3 February 2004:

* Iraq Campaign Medal or Global War on Terrorism Expeditionary Medal
* Overseas Service Ribbon for his deployment
* Global War on Terrorism Service Medal

2.  He also requests his dates of deployment to Iraq be added to his 
DD Form 214.

3.  The applicant states the information was never entered on his DD Form 214.

4.  The applicant provides:

* his DD Form 214
* Headquarters, 1st Armored Division Orders 106-10, dated 16 April 2003
* two memoranda for record (MFR), dated 23 September 2003, from the
1st Armored Division, Baghdad International Airport, Iraq
* Supplemental Information Sheet
* Individual/Unit Identification Section
* MFR, dated 23 September 2003, from the 501st Military Intelligence (MI) Battalion
* a letter, dated 28 September 2003, from Headquarters, 1st Armored Division Artillery
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.  He enlisted in the Regular Army on 4 February 2000 for a period of 4 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty 52D (Power Generator Equipment Repairer).

3.  On 18 January 2002, he was assigned to the 501st MI Battalion in Germany.

4.  He provided an MFR, dated 23 September 2003, from the 1st Armored Division verifying he was deployed to the Central Command area of responsibility in support of Operation Iraqi Freedom (OIF) on 4 May 2003 and was redeploying on 18 October 2003.

5.  He provided an MFR, dated 23 September 2003, from the 501st MI Battalion certifying he served with the 501st MI Battalion in support of the 1st Armored Division Task Force during OIF from 4 May 2003 to 18 October 2003.

6.  On 3 February 2004, he was released from active duty.  His last duty assignment was the 501st MI Battalion in Germany.  He completed 
4 years of active service that was characterized as honorable.  His DD Form 214 shows he was awarded or is authorized the:

* Army Commendation Medal
* Army Achievement Medal
* National Defense Service Medal
* NCO Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon

7.  Item 18 (Remarks) of his DD Form 214 does not show any dates of deployment to Iraq.
8.  Section IV - Personal/Family Data of his Enlisted Record Brief (ERB) indicates he had no dependents.

9.  An email, dated 11 June 2012, from the Defense Finance and Accounting Service (DFAS) states he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 4 May 2003 through 18 October 2003 for Kuwait.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  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 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Among the approved campaigns are the:

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

	b.  The initial award of the Global War on Terrorism Expeditionary Medal is limited to Soldiers deployed abroad in Operation Enduring Freedom and OIF in the following Department of Defense designated specific geographic areas of eligibility: Afghanistan, Bahrain, Bulgaria (Bourgas), Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lebanon, Pakistan, Philippines, Qatar, Romania (Constantan), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey (east of 
35 degrees east latitude) Turkmenistan, United Arab Emirates, Uzbekistan, Yemen, that portion of the Arabian Sea north of 10 degrees north latitude and west of 68 degrees longitude, Bab El Mandeb, Gulf of Aden, Gulf of Aqaba, Gulf of Oman, Gulf of Suez, that portion of the Mediterranean Sea east of 28 degrees east longitude, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal.  

		(1)  To be eligible for the Global War on Terrorism Expeditionary Medal a Soldier must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days.

		(2)  Service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 
28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

	c.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  

	d.  The Global War on Terrorism Service Medal 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 designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined.  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 and having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal. 

11.  Army Regulation 635-5 (Separation Documents) states when an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, an entry will be made in item 18 to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.

12.  Army Regulation 614-30 (Overseas Service) provides policy and guidance on the establishment of tour lengths for overseas areas.  Table 3-2, Rule 8 states if a Soldier serves nine months in a continuous temporary change of station/temporary duty status in areas where the unaccompanied tour length is up to 18 months, or in isolated areas where tour lengths have not been established he/she is credited with a completed tour.

13.  Appendix Q, Part 1 of the Joint Federal Travel Regulations shows the unaccompanied tour length for Germany as 24 months.

DISCUSSION AND CONCLUSIONS:

1.  Based on the MFRs from the 1st Armored Division and the 501st MI Battalion and the email from DFAS, his dates of deployment to Iraq are determined to be from 4 May 2003 to 18 October 2003.  Therefore:

	a.  He is authorized the Iraq Campaign Medal with two bronze service stars.
	b.  The entry SERVICE IN IRAQ FROM 20030504 TO 20031018 should be entered in item 18 of his DD Form 214.

2.  He is authorized the Iraq Campaign Medal for the period he was deployed to Iraq.  This period cannot be used for authorization of the Global War on Terrorism Expeditionary Medal.  There is no evidence he was deployed to any other areas where the Global War on Terrorism Expeditionary Medal is authorized.  Therefore, he is not authorized the Global War on Terrorism Expeditionary Medal.

3.  Based on his service outside the AOE for the Iraq Campaign Medal he is authorized the Global War on Terrorism Service Medal.

4.  The Overseas Service Ribbon is already shown on his DD Form 214.  His ERB indicates he had no dependents.  Therefore, this award would have been based on his completion of an unaccompanied tour length of 24 months in Germany. 

5.  If a Soldier serves nine months in a continuous temporary change of station/temporary duty status in areas where the unaccompanied tour length is up to 18 months, or in isolated areas where tour lengths have not been established he/she is credited with a completed tour.  He was deployed to Iraq for 5 months and 15 days.  Therefore, he does not meet the criteria for a second award of the Overseas Service Ribbon.

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:

	a.  Adding to his DD Form the:

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

	b.  Adding to Item 18 of his DD form 214 the entry:  SERVICE IN IRAQ FROM 20030504 - 20031018.

2.  The Board further determined that 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 a second Overseas Service Ribbon and the Global War on Terrorism Expeditionary 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)                                         AR20120000920



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ABCMR Record of Proceedings (cont)                                         AR20120000920



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