BOARD DATE:	  18 September 2012

		DOCKET NUMBER:  AR20120005238 


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) for the period ending 15 April 2005 to show award of the Iraq Campaign Medal (ICM) with two bronze service stars in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM) for his service in support of Operation Iraqi Freedom and the Overseas Service Ribbon with Numeral 2.  He further requests, in effect, reissuance of his DD Form 214 showing these corrections.

2.  He states:

	a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 15 April 2005 shows the "War on Terrorism Service Medal," but the correct title for this award is the "Global War on Terrorism Service Medal."

	b.  He was awarded the GWOTEM for service in support of Operation Iraqi Freedom; however, he would prefer the ICM with two bronze service stars and the Overseas Service Ribbon with Numeral 2.

	c.  The two qualifying campaigns were Transition of Iraq from 2 May 2003 to 28 June 2004 and Iraqi Governance from 29 June 2004 to 15 December 2005.

	d.  He received a DD Form 215 (Correction to DD Form 214) that shows correction of the GWOTEM; however, it wasn't corrected on the actual DD Form 214.  He was told it would be and that he would receive a corrected copy in the mail.

3.  He provides his DD Form 214, DA Form 2-1 (Personnel Qualification Record – Part II), and DD Form 215.

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.  Following prior service in the Navy Reserve, the applicant enlisted in the Army National Guard on 22 February 1994.

3.  He was ordered to active duty on 18 December 2003 in support of Operation Iraqi Freedom and served in Kuwait and Iraq from 18 March 2004 to 15 March 2005.

4.  He was released from active duty to the control of his Army National Guard unit on 15 April 2005.

5.  Item 13 of his DD Form 214 for the period ending 15 April 2005 shows he was awarded or authorized the "War on Terrorism Expeditionary Medal" and "War on Terrorism Service Medal."  It does not show he was awarded any Overseas Service Ribbon.

6.  He was issued a DD Form 215, dated 29 March 2005, which corrected his DD Form 214 for the period ending 15 April 2005 to show the entries "Global War on Terrorism Expeditionary Medal" and "Global War on Terrorism Service Medal."

7.  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 served in direct support of Operation Iraqi Freedom.  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.  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)

	b.  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.

	c.  According to the U.S. Army Human Resources Command Awards Branch, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 continuous months in Iraq or Afghanistan receive credit for a completed short tour.  Rules 6 and 8 of Army Regulation 614-30 (Overseas Service), table 3-2, apply.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  Paragraph 2-7 states:

* once a DD Form 214 has been issued, do not reissue except for the following reasons –

* when directed by proper appellate authority, Executive Order, or by the Secretary of the Army
* when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215
* if the correction would require issuance of more than two DD Forms 215
* when two DD Forms 215 have been issued and an additional correction is required

* do not issue a DD Form 214 to replace record copies or DD Forms 214 lost by Soldiers
* if no DD Form 214 is available, issue a statement of service or transcript of military record

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was deployed to Iraq and Kuwait in support of Operation Iraqi Freedom from 18 March 2004 to 15 March 2005 – a period of 11 months and 28 days.

2.  Based on his service in Iraq/Kuwait, he is eligible for award of either the GWOTEM or the ICM with two bronze service stars.  Regulatory guidance precludes receipt of both the GWOTEM and ICM for the same act, achievement, or period of service.

3.  Since the applicant prefers award of the ICM with two bronze service stars, his DD Form 214 for the period 15 April 2005 should be amended to reflect this award.

4.  He completed sufficient service in Iraq to receive credit for completion of one short tour.  Therefore, he is eligible for one award of the Overseas Service Ribbon and correction of his DD Form 214 for the period ending 15 April 2005 to show this ribbon.

5.  Since correction of his DD Form 214 does not require more than two DD Forms 215, reissuance of his DD Form 214 is not warranted.









BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x__  ___x_____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:
1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends the DD Form 214 for the period ending 15 April 2005 (as corrected by the DD Form 215) of the individual concerned be corrected by:

	a.  deleting award of the GWOTEM and

	b.  adding award of the ICM with two bronze service stars and Overseas Service Ribbon.

2.  The Board further determined 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 award of the Overseas Service Ribbon with Numeral 2 and reissuance of 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)                                         AR20120005238



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ABCMR Record of Proceedings (cont)                                         AR20120005238



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