BOARD DATE:	  27 November 2012

		DOCKET NUMBER:  AR20120009358 


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).

2.  The applicant states he does not know why the GWOTEM was omitted from his DD Form 214 since it is shown on his Enlisted Record Brief (ERB).

3.  The applicant provides:

* his DD Form 214
* his ERB
* Orders 283-0004, issued by Headquarters, 1st Infantry Division, Fort Riley, KS, dated 10 October 2006
* DD Form 2648 (Preseparation Counseling Checklist), dated 16 November 2006

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 enlisted in the Regular Army on 14 January 2003.  He completed training and he was awarded military occupational specialty 68W (health care specialist).

3.  Records show the applicant served in Iraq on two separate occasions, from
5 October 2003 to 1 March 2004 and from 2 February 2005 to 16 January 2006.

4.  The applicant's ERB shows, among other awards, the Iraq Campaign Medal and the GWOTEM.

5.  On 29 December 2006, the applicant was honorably released from active duty to attend school.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He completed 3 years, 11 months, and 16 days of creditable active service.  The DD Form 214 he was issued at the time shows, among other awards, the Iraq Campaign Medal.  It does not show the GWOTEM.

6.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning military decorations.  It states:

	a.  The GWOTEM was authorized by Executive Order 13289 on 12 March 2003 to recognize those military service members who have deployed overseas in direct service to the War on Terror from September 11, 2001 to a date to be determined.  The general area of eligibility (AOE) 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.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the AOE, or meet other, specified criteria.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom.

	b.  On 30 April 2005, the GWOTEM was discontinued for service within Iraq and Afghanistan; such service is now recognized with the Iraq Campaign Medal and/or the Afghanistan Campaign Medal.  Service members qualified for the GWOTEM by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal 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.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (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 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)

DISCUSSION AND CONCLUSIONS:

1.  The applicant was entitled to the GWOTEM for his first tour of service in Iraq from 5 October 2003 to 1 March 2004 that is reflected on his ERB.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The applicant served a second tour of service in Iraq from 2 February 2005 to 16 January 2006 for which he was awarded the Iraq Campaign Medal.

3.  Based on his second tour of service in Iraq, he participated in the Iraqi Governance and National Resolution campaigns.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Iraq Campaign Medal.

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:

	a.  deleting from his DD Form 214 the Iraq Campaign Medal, and

	b.  adding to his DD Form 214 the:

* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Expeditionary Medal



      __________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)                                         AR20120009358



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ABCMR Record of Proceedings (cont)                                         AR20120009358



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