IN THE CASE OF:	  

		BOARD DATE:  6 September 2012

		DOCKET NUMBER:  AR20120004852 


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 Global War on Terrorism Expeditionary Medal (GWOTEM) and the Army Achievement Medal (AAM) (3rd Award).

2.  The applicant states he earned the GWOTEM while deployed overseas in support of Operations Enduring Freedom (OEF) and Iraqi Freedom (OIF); however, this award was not added to his DD Form 214 when he separated from active duty.  He states he received the AAM (3rd Award) during a National Training Center rotation from 13 August 2002 to 13 September 2002.    

3.  The applicant provides:

* DD Form 214
* AAM certificate, dated 13 September 2002
* DA Form 67-9 (Officer Evaluation Report (OER)), covering the period     30 May 2002 through 29 May 2003
* Bronze Star Medal (BSM) certificate, dated 28 July 2003
* DA Form 4037 (Officer Record Brief)

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.  Having had prior enlisted service, the applicant was appointed as a Reserve commissioned officer and entered active duty on 5 November 2000.  

3.  Permanent Orders Number 352-31, dated 18 December 2001, awarded him the AAM (1st Award), for exceptional achievement during the period 31 July 2001 through 19 December 2001.

4.  Permanent Orders Number 253-07, issued by Headquarters, 544th Maintenance Battalion, Fort Hood, TX, dated 10 September 2002, awarded him the AAM (2nd Award), for exceptional achievement during the period 13 August 2002 through 13 September 2002.

5.  On 21 February 2004, he was honorably released from active duty, at the completion of his required period of active service, and transferred to the Oklahoma Army National Guard.  The DD Form 214 he was issued shows he was credited with the completion of 3 years, 3 months, and 17 days of net active service during this period of active duty; however, in item 12f (Record of Service – Foreign Service), he is not credited with the completion of any foreign service.

   a. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the:

* BSM
* AAM (2nd Award)
* National Defense Service Medal
* Army Service Ribbon
* Army Reserve Components Overseas Training Ribbon

   b. Item 18 (Remarks) of his DD Form 214 does not indicate he performed any service in a hazardous fire/imminent danger pay area.

6.  On 1 July 2007, he was honorably discharged from the U.S. Army Reserve.

7.  The Defense Finance and Accounting Service, Indianapolis, IN, confirms he received hostile fire/imminent danger pay and combat zone tax exclusion for service in Kuwait during the period 15 January 2003 through 5 July 2003.

8.  He provides his OER, covering the period 30 May 2002 through 29 May 2003, which documents his service in both Kuwait and Iraq.

9  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

   a. 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 the Global War on Terrorism operations outside of the designated AOE on or after 11 September 2001 to a future date to be determined.  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.

   b. The GWOTEM is awarded to members assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the area of eligibility (AOE), or meet other, specified criteria.  Initial award of the Global War on Terrorism Expeditionary Medal was limited to members deployed abroad in OEF and OIF in designated specific geographic AOE, including Kuwait.

   c. The Iraq Campaign Medal (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.  The ICM period of eligibility is on or after 19 March 2003 to 31 December 2011.  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)

   d. The AAM is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

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 for:

* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 18, for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Kuwait/Iraq from 15 January 2003 through 5 July 2003, a period of 5 months and 21 days.  Therefore, his DD Form 214 should be corrected to show this foreign service.

2.  He served during a qualifying period of service for entitlement to the GWOTSM, which is not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this award.

3.  His OER, covering the period 30 May 2002 through 29 May 2003, shows he served in both Kuwait and Iraq.  His exact dates of service in each country cannot be determined.  

	a.  He served in Kuwait at least from 15 January 2003 to 18 March 2003 – a qualifying period of service for entitlement to the GWOTEM.  Therefore, he is entitled to this award and correction of his DD Form 214 to show it.

	b.  OIF officially began on 19 March 2003.  While his exact dates of service in Iraq are unknown, it is reasonable to presume he completed at least 30 days of service in that country, which qualifies him for award of the ICM.  Additionally, in the absence of exact dates of service in Iraq, it would be reasonable to award him at least 1 bronze service star for wear on his ICM, and correct his DD Form 214 to show this award.  
4.  With respect to the AAM (3rd Award), the evidence of record shows he was twice awarded the AAM.  The evidence of record does not indicate, and he did not provide any documentation to substantiate, he was awarded 3 different awards of the AAM.  Therefore, absent evidence to the contrary, there is an insufficient evidentiary basis for granting this portion of the 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 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. amending item 12f of his DD Form 214 to delete the entry "0000  00  00," and replace it with the entry "0000  05  21"; 

   b. amending item 13 of his DD Form 214 to add the GWOTEM, the GWOTSM, and the ICM with 1 bronze service star; and  

   c. amending item 18 of his DD Form 214 to add the entry "Service in Kuwait/Iraq from 20030115 - 20030705."

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 adding a 3rd award of the AAM to his DD Form 214.



      __________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)                                         AR20110020936



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ABCMR Record of Proceedings (cont)                                         AR20120004852



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