IN THE CASE OF:	  

		BOARD DATE:  16 October 2012

		DOCKET NUMBER:  AR20120007431 


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 award of the:

* Global War on Terrorism Service Medal (GWOTSM)
* Iraq Campaign Medal (ICM)

2.  The applicant states he was deployed on 18 February 2003 prior to the United States declaring war.  He spent time in Fort Lewis, Washington, and Kuwait.  He then served in Iraq and was discharged from active duty on 13 December 2003.

3.  The applicant provides copies of his enlistment contract, military orders, and 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.  The applicant was a U.S. Army Reserve (USAR) enlisted Soldier serving in military occupational specialty (MOS) 92Y (Unit Supply Specialist).  His DD Form 214 for the period ending 13 December 2003 shows:

* he was mobilized in support of Operation Enduring Freedom/Operation Iraqi Freedom from 18 February 2003 to 13 December 2003 in item 18 (Remarks)
* he served in Kuwait/Iraq in item 18
* the entry "0000  00  00," indicating no foreign service, in item 12f (Foreign Service)

3.  His DD Form 214 shows the following awards:

* Army Achievement Medal (2nd Award)
* National Defense Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon

4.  The Defense Finance and Accounting Service (DFAS) confirms he received hostile fire/imminent danger pay and combat zone tax exclusion for service in Kuwait from 22 April through 20 August 2003.

5.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy, and instructions concerning individual military awards, the Army Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.

	a.  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 areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, 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 or 60 nonconsecutive days, are authorized the GWOTSM.

	b.  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 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.  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)

6.  Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states for:

	a.  item 12f, enter the total amount of foreign service completed during his or her continuous period of active service; and

	b.  item 18, for a Reserve Component Soldier ordered to active duty and deployed to a foreign country, enter three statements including, "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show award of the GWOTSM and ICM.

2.  The applicant was mobilized in February 2003 and DFAS records show he served in Kuwait/Iraq from 22 April to 20 August 2003 which is a qualifying period of service for award of the ICM.  It would be appropriate to amend his DD Form 214 to add the ICM with two bronze service stars.

3.  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 or 60 nonconsecutive days, are authorized the GWOTSM.  This award should be added to his DD Form 214.

4.  As related issues, the available evidence is sufficient to correct item 12f of his DD Form 214 to show completion of 3 months and 29 days of foreign service and to correct item 18 to show he served in Kuwait/Iraq from 22 April 2003 to 20 August 2003.

BOARD VOTE:

___X____  ____X __  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

	a.  amending the entry in item 12f of his DD Form 214 to read "0000  03  29";

	b.  adding to item 13 of his DD Form 214:

* ICM with two bronze service stars
* GWOTSM

	c.  adding the following statement to item 18 of his DD Form 214:  "SERVICE IN KUWAIT/IRAQ FROM 20030422-20030820."



      __________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)                                         AR20120007431



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ABCMR Record of Proceedings (cont)                                         AR20120007431



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