IN THE CASE OF:	  

		BOARD DATE:	  6 November 2012

		DOCKET NUMBER:  AR20120007364 


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:

	a.  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 Global War on Terrorism Service Medal (GWOTSM) and

	b.  correction of his record to show he completed 6 years of qualifying service for retirement.

2.  He states he has "orders" for the GWOTEM and GWOTSM.  He states he was credited with 5 retirement years instead of 6.  His enlistment contract was for 6 years.

3.  He provides two memoranda.

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 requests correction of his record to show he completed 6 years of qualifying service for retirement.  

	a.  Paragraph 2-5, Section II, Army Regulation 15-185, the regulation under which this Board operates, states that the Board will not consider any application if it determines an applicant has not exhausted all available administrative remedies.  

	b.  The applicant has not provided documentation showing he has exhausted the administrative remedy available to him by submitting a request for correction of his service qualifying for retirement to the Adjutant General of the State of Florida.  In the absence of such documentation, there is no basis for the Board to consider the portion of his application pertaining to his years of service creditable for retirement.  This portion of his request will not be discussed further in these Proceedings.  

3.  On 20 May 1999, he enlisted in the Florida Army National Guard (FLARNG) and as a Reserve of the United States Army for a period of 8 years.  After completing initial entry training, he was awarded military occupational specialty 11B (Infantryman).  

4.  His record includes a DD Form 214 showing he entered active duty on 
16 January 2003 and served until he was honorably released from active duty on 27 April 2004.  This DD Form 214 shows in:

	a.  item 8a (Last Duty Assignment and Major Command) he was assigned to Headquarters and Headquarters Company (HHC), 1st Battalion, 124th Infantry Regiment;

	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the –

* Army Commendation Medal
* National Defense Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
* Army Lapel Button
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Combat Infantryman Badge

	c.  item 18 (Remarks) he "served in support of Operation Noble Eagle/Enduring/Iraqi Freedom while in Iraq/Jordan from 030401 thru 040312."

5.  On 19 May 2005, he was honorably discharged from the FLARNG and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).

6.  His record includes three memoranda signed by the Acting Battalion Commander, 1st Battalion, 124th Infantry Regiment.  

	a.  The first, subject:  Award of the GWOTEM, dated 10 June 2005, shows he was awarded the GWOTEM for service in Jordan from 3 April to 8 May 2003.

	b.  The second, subject:  Award of the GWOTSM, dated 6 September 2005, shows he was authorized the GWOTSM.

	c.  The third, subject: Award of the “Iraqi” Campaign Medal, dated 8 September 2005, shows he was awarded the Iraq Campaign Medal (ICM) for his service in Iraq from "07 May 04-28 Feb 04."  (It appears the year shown in the beginning date is an error and should be "03.")  

7.  On 22 May 2007, he was honorably discharged from the USAR.

8.  He provides a memorandum, subject:  Award of the GWOTEM for HHC/1st Battalion, 124th Infantry, dated 19 May 2004, showing he was authorized the GWOTEM for service in Operation Iraqi Freedom during the period 3 April 2003 to 12 March 2004.  

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

	a.  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.  

	b.  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.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.

	c.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic areas of eligibility, including Jordan.

	d.  The ICM is awarded to members who have 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 through 31 December 2011.  

10.  A review of the applicant's record indicates entitlement to additional awards not shown on his DD Form 214 for the period ending 27 April 2004.

11.  Army Regulation 600-8-22 states a bronze service star is authorized for wear with the ICM for participation in each credited campaign.  The applicant's service in Iraq coincided with one campaign:  Transition of Iraq (2 May 2003-28 June 2004).  

12.  Department of the Army General Orders Number 2009-11 announced award of the Valorous Unit Award (VUA) to the 1st Battalion, 124th Infantry, for the period 25 April to 18 September 2003.

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed periods of service making him eligible for the GWOTSM, GWOTEM, and ICM with one bronze service star.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 27 April 2004 to show these awards.

2.  He was assigned to the 1st Battalion, 124th Infantry, during a period for which the unit was awarded the VUA.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 27 April 2004 to show this unit award.



BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 for the period ending 27 April 2004:

* GWOTSM
* GWOTEM
* ICM with one bronze service star
* VUA



      _______ _   ___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)                                         AR20120007364





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ABCMR Record of Proceedings (cont)                                         AR20120007364



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