IN THE CASE OF:	  

		BOARD DATE:	  9 August 2012

		DOCKET NUMBER:  AR20120002205 


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) ending 15 February 2004 to show award of the:

* Iraq Campaign Medal (ICM)
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Global War on Terrorism Service Medal (GWOTSM)
* Valorous Unit Award (VUA)
* Joint Meritorious Unit Award (JMUA)
* Purple Heart (PH)

2.  The applicant states the awards are not listed on his DD Form 214 but are contained in his military personnel record.  He further states he is unable to join the Veterans of Foreign Wars because the ICM is not listed in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214.

3.  The applicant provides:

* 2 DD Forms 214
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* DA Form 2-1 (Personnel Qualification Record), Part II
* VUA Certificate and approval memorandum, dated 3 November 2005
* 1-page list of names
* JMUA memorandum, dated 14 March 2005
* ICM memorandum, dated 15 April 2005
* 1139th Military Police Company Deployment Roster
* GWOTEM and GWOTSM memorandum, dated 6 April 2004
* Operation Enduring Freedom Deployment Roster
* DA Form 4187 (Personnel Action)
* 1139th Military Police Company Wartime Injury Roster

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 Missouri Army National Guard on 28 December 1995 and he held military occupational specialty 31B (Military Police).  He was assigned to 1139th Military Police Company and he attained the rank/grade of sergeant/E-5 on 25 November 2001.

3.  His records contain a DD Form 214 for the period 26 November 2001 through 28 September 2002, which shows he was assigned to the 1139th Military Police Company and ordered to active duty in support of Operation Noble Eagle.

4.  His records contain a DD Form 214 for the period 24 February 2003 through 15 February 2004, which shows he was assigned to the 1139th Military Police Company and contains the following information:

   a.  Item 12f (Foreign Service) shows he served overseas for 8 months and 17 days.

	b.  Item 13 shows he was awarded or authorized to wear:

* Army Lapel Button
* Army Commendation Medal
* Army Reserve Components Achievement Medal (2nd Award)
* National Defense Service Medal 
* Armed Forces Reserve Medal with "M" Device (2nd Award)
* Army Service Ribbon
* Army Reserve Components Overseas Training Ribbon

	c.  Item 18 (Remarks) shows he was ordered to active duty in support of Operation Enduring Freedom/Operation Iraqi Freedom (OIF) and he served in Kuwait and Iraq for the period 24 April 2003 through 10 January 2004, a period of 8 months and 17 days.

5.  The applicant provides a DA Form 4187, dated 15 January 2004, from his unit commander to the 6025th Garrison Support Unit commander which shows he was recommended for the PH for hearing loss sustained as a result of an improvised explosive device on 23 July 2003.  The applicant also provides an 1139th Military Police Company Wartime Injury Roster spreadsheet which notes the applicant sustained possible hearing loss and a contusion to his right hand.  This sheet also indicates the applicant received the "medal only."

6.  The applicant provides a memorandum for distribution from Joint Forces Headquarters, 1139th Military Police Company, dated 6 April 2004, and a roster bearing his name, pertaining to award of the GWOTSM.

7.  The applicant provides a memorandum for distribution from Headquarters,  1st Personnel Command, dated 14 March 2005, pertaining to award of the JMUA to Headquarters, Combined Joint Task Force (CJTF)-7, Baghdad, Iraq, for exceptionally meritorious achievement from 15 June 2003 through 14 May 2004.  Records show the 1139th Military Police Company was attached to the CJTF-7.

8.  The applicant provides a memorandum for record from Joint Forces Headquarters Missouri, dated 15 April 2005, and a roster bearing his name, pertaining to award of the ICM.

9.  The applicant provides a memorandum dated 3 November 2005, recommending approval of the VUA and roster bearing his name.  General Orders Number 2009-15, issued by Headquarters, Department of the Army, dated 16 December 2009, show his unit was cited for award of the VUA for the period 26 April 2003 through 31 January 2004.

10.  Army Regulation 600-8-22 (Military Awards) states the ICM 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 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.  During the applicant's tour of duty in Iraq he completed a qualifying period of service during two campaigns:  Liberation of Iraq (19 March through 1 May 2003) and Transition of Iraq (2 May 2003 through 28 June 2004).  Only one award of this medal may be authorized for any individual, and under no condition will personnel or units receive the ICM, the GWOTEM, the GWOTSM, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service.

11.  Army Regulation 600-8-22 states the 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 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.  

12.  Army Regulation 600-8-22 states the 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 designated for award of the GWOTEM, Afghanistan Campaign Medal, or ICM.  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 having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.

13.  Army Regulation 600-8-22 states the PH is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.  Army Regulation 600-8-22 also states that when contemplating an award of the PH the key issue commanders must take into consideration is the degree to which the enemy caused the injury.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for correction of his DD Form 214 ending 15 February 2004 to show award of the ICM, GWOTEM, GWOTSM, VUA, JMUA, and PH has been carefully examined and found to have partial merit.

2.  Evidence shows that he served in two campaigns during his qualifying period of service in Iraq for award of the ICM.  Therefore, he is entitled to correction of his records to show the ICM with two bronze service stars.  

3.  Army Regulation 600-8-22 provides that under no condition will personnel or units receive the ICM, the GWOTEM, the GWOTSM, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service.  Therefore, he is not entitled to award of the GWOTEM.

4.  The evidence shows the applicant was ordered to active duty in support of Operation Noble Eagle for the period 26 November 2001 through 28 September 2002; therefore, he is entitled to correction of his records to show the GWOTSM.

5.  The evidence of record confirms the applicant’s unit was cited for award of the VUA for the period 26 April 2003 to 31 January 2004, during his tenure of assignment.  As a result, it would be appropriate to add the VUA to his DD Form 214.

6.  Records also show the 1139th Military Police Company was attached to the CJTF-7 and that CJTF-7 was awarded the JMUA for exceptionally meritorious achievement during the period 15 June through 14 May 2004.  

7.  With regard to the PH, it appears the applicant may have been recommended for award of the PH; however, the applicant's record is void of any orders or other documentation indicating he was actually awarded the PH by proper authority while serving on active duty.  He has not provided any evidence showing he sustained a wound while in action against an enemy or as a result of hostile action, that the wound required treatment by medical personnel, and the medical treatment was made a matter of official record.  Therefore, he is not entitled to award of the PH.

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 adding to item 13 of his DD Form 214 for the period ending 15 February 2004 the ICM with two bronze service stars, GWOTSM, VUA, and JMUA.
 
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 the GWOTEM and PH.  




      _______ _   __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)                                         AR20120002205



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ABCMR Record of Proceedings (cont)                                         AR20120002205



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