BOARD DATE:	  8 January 2013

		DOCKET NUMBER:  AR20120011407 


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 award of the Iraq Campaign Medal (ICM) and Global War on Terrorism Expeditionary Medal (GWOTEM).  

2.  The applicant states the ICM and GWOTEM should be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) based on being authorized in executive orders.   

3.  The applicant provides copies of the executive orders authorizing the ICM and GWOTEM in support of his request.  

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’s record shows he enlisted in the Regular Army on 4 March 2003.  He was trained in and awarded military occupational specialty (MOS) 91W (Health Care Specialist).  He was advanced to specialist (SPC)/E-4 on 1 May 2005 and this was the highest grade he held and served in while on active duty.  The record shows he was reduced to private/E-1 for cause on 14 November 2005.  

3.  The applicant’s record shows he served in Kuwait/Iraq from 17 June 2004 through 22 June 2005.  The record is void of any specific information regarding the exact period of this service that was performed in each of the identified countries.  

4.  On 24 June 2006, the applicant was discharged under the provisions of paragraph 14-12c, Army Regulation 635-200 (Personnel Separations), by reason of misconduct-commission of a serious offense.  The DD Form 214 he was issued does not include the ICM and/or GWOTEM in the list of earned awards.  

5.  The unit history for his unit, the 210th Brigade Support Battalion (BSB), and shows the unit was called upon to support the 2nd Brigade Combat Team (BCT) while it deployed to Iraq in support of Operation Iraqi Freedom.  The unit history of the 2nd BCT shows that in 2004 it deployed to Iraq supporting Operation Iraqi Freedom.  The 2nd BCT undertook combat operations in Baghdad, returning to the United States in late 2005.  

6.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy:

   a.  Paragraph 2-17 contains guidance on the ICM.  It states, in pertinent part, that it is authorized for service in Iraq on or after 19 March 2003 through 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Under no condition will personnel or units receive the Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Afghanistan Campaign Medal, or Armed Forces Expeditionary Medal for the same action, time period, or service.  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.  Paragraph 2-18 contains guidance on award of the GWOTEM.  It states, in pertinent part, that in order to qualify for the GWOTEM, service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the area of eligibility (AOE) in support of Operations Enduring and Iraqi Freedom.  Only one award of the GWOTEM may be authorized to any individual; therefore, second or subsequent awards will not be awarded.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to add the GWOTEM and ICM to his record and 
DD Form 214 has been carefully considered and found to have partial merit.  While specific periods of service in Kuwait and Iraq are not identified, unit histories indicate the applicant’s unit supported the 2nd BCT which was assigned to and conducted operations in Iraq.  As a result, it would be appropriate to add the ICM with 2 bronze service stars.  

2.  However, by regulation the GWOTEM and ICM are not authorized for the same action, time period, or service.  Therefore, given unit histories confirm service in Iraq for the applicant’s unit, absent any evidence of record or independent evidence submitted by the applicant that confirms he served in Kuwait the requisite 30 consecutive or 60 nonconsecutive days necessary to qualify for the GWOTEM for Kuwait service, there is an insufficient evidentiary basis to support adding this award to his record and DD Form 214.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x__  ____x____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 amending his DD Form 214 by adding the Iraq Campaign Medal with 2 bronze service stars.

2.  The Board further determined that 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 the 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)                                         AR20120011407



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120011407


3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1