IN THE CASE OF:	  

		BOARD DATE:	  18 October 2012

		DOCKET NUMBER:  AR20120007105 


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 his service ribbon and campaign medals for his participation in the Global War on Terrorism in Iraq, his service in Korea, and his unit awards.

2.  The applicant states his DD Form 214 does not show these ribbons and medals and he did serve.  He would like his DD Form 214 corrected so he can help explain things to his children.

3.  The applicant provides a copy of his DD Form 214.

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 16 March 2000, the applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry/Enlistment Program (DEP) for a period of 8 years.  On 13 April 2004, he was discharged from the USAR DEP for immediate enlistment in the Regular Army.  He enlisted in the Regular Army for a period of 3 years on 14 April 2000.  He completed training and he was awarded military occupational specialty 11B (Infantryman).  The highest rank/grade he attained while serving on active duty was sergeant/E-5.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows:

* overseas service in Korea during the period 13 November 2000 through 8 November 2001
* he was assigned to Company C, 1st Battalion, 503rd Infantry Division, Camp Casey, Korea

4.  His record contains limited information pertaining to his deployed service; however, a DA Form 2166-8 (Noncommissioned Officer Evaluation Report) for the period June 2003 to August 2003 shows he was serving with Company B, 2nd Battalion, 502nd Infantry Regiment, 101st Airborne Division (Air Assault), in Iraq at the time the report was prepared.

5.  The applicant was honorably released from active duty on 20 December 2003 and transferred to the USAR Control Group (Reinforcement).  His DD Form 214 shows:

* he completed 3 years, 8 months, and 7 days of active service
* he completed 1 year, 5 months, and 1 day of foreign service
* he was awarded or authorized the –

* Army Achievement Medal (3rd Award)
* Army Commendation Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* overseas service bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Hand Grenade Bar
* Combat Infantryman Badge

* the entry "SERVICE IN IRAQ:  030308-030812" in remarks

6.  An email from the Defense Finance and Accounting Service, Indianapolis, IN, dated 23 April 2012, confirms he received hazardous fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait from 10 March 2003 to 12 August 2003.

7.  A review of the applicant's records does not show orders for additional awards or decorations.

8.  A review of the unit awards for Company C, 1st Battalion, 503rd Infantry Division, and Company B, 2nd Battalion, 502nd Infantry Regiment, 101st Airborne Division (Air Assault), during the applicant's periods of assignment does not show any unit awards.

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

	a.  The Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	b.  The Iraq Campaign Medal (ICM) is awarded to members who served in direct support of Operation Iraqi Freedom.  The area of eligibility (AOE) 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 through 31 December 2011.  Under no condition will personnel receive the ICM, Global War on Terrorism Expeditionary Medal (GWOTEM), Global War on Terrorism Service Medal (GWOTSM), Afghanistan Campaign Medal, or Armed Forces Expeditionary Medal for the same action, time period, or service.

	c.  A bronze service star is authorized for wear with the ICM for participation in each credited campaign.  A list of established campaigns is in appendix B.  The applicant's record indicates his service in Iraq coincided with two campaigns:  Liberation of Iraq (19 March 2003-1 May 2003) and Transition of Iraq (2 May 2003-28 June 2004).

	d.  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.

	e.  The GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic AOE, including Kuwait and Iraq.

	f.  The GWOTSM is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the AOE designated for award of the GWOTEM, Afghanistan Campaign Medal, or ICM.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive or 60 nonconsecutive days are authorized the GWOTSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his service ribbons and campaign medals for his participation in the Global War on Terrorism in Iraq, his service in Korea, and his unit awards was carefully considered.

2.  The applicant's service in Korea meets the criteria for award of the KDSM.  Therefore, his DD Form 214 should be corrected to show this award.

3.  His period of service in Iraq meets the criteria for award of the ICM.  Additionally, he participated in two campaigns during his service in Iraq.  Therefore, his DD Form 214 should be corrected to show the ICM with two bronze service stars.

4.  The applicant also served a qualifying period for award of the GWOTSM.  Therefore, his DD Form 214 should be corrected to show this award.

5.  A thorough review of the applicant's records failed to reveal any unit awards or other service medal entitlements.



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 that all Department of the Army records of the individual concerned be corrected by adding the following awards to his DD Form 214:

* KDSM
* ICM with two bronze service stars
* GWOTSM

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 unit awards.



      _____________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)                                         AR20120007105



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ABCMR Record of Proceedings (cont)                                         AR20120007105



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