IN THE CASE OF:	  

		BOARD DATE:	  6 June 2013

		DOCKET NUMBER:  AR20120018393 


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 rank/grade as staff sergeant (SSG)/
E-6 and that his authorized awards include the Iraq Campaign Medal (ICM) with service stars.

2.  The applicant states his final rank was SSG, and he deployed to Iraq in support of Operation Iraqi Freedom (OIF) from 3 March 2003 to 2 February 2004.

3.  The applicant provides:

* DD Form 214 for the period ending 29 January 2005
* Honorable Discharge Certificate from the U.S. Army Reserve (USAR), dated 19 May 2009

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 30 January 2002 for a period of 3 years.  He completed training as an infantryman and he served in Iraq and other assignments.

3.  His DA Form 2-1 (Personnel Qualification Record) shows he qualified sharpshooter with the M-16 rifle and expert with the hand grenade.

4.  There is no evidence of record and he did not provide any evidence that shows the specific duration of his deployment to Kuwait and Iraq.

5.  On 29 January 2005, he was honorably released from active duty at the completion of his required active service.  He was transferred to a USAR unit to complete his remaining service obligation.  He completed 3 years of creditable active service.  The DD Form 214 he was issued at the time shows in:

	a.  item 4a (Grade, Rate, or Rank) and b (Pay Grade) the entry "SGT" (sergeant) and "E-5," respectively;

	b.  item 12h (Effective Date of Pay Grade) the entry "2004  10  01" (1 October 2004);

	c.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded of Authorized) the:

* Army Achievement Medal
* Army Commendation Medal
* Army Good Conduct Medal
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Global War on Terrorism Service Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Bar (2nd Award)
* Combat Infantryman Badge
* Expert Infantryman Badge
* Air Assault Badge

	d.  item 18 the entry "Service in Kuwait/Iraqi From 20030303 - 20040202.


6.  Orders 05-311-00001, issued by Headquarters, 85th Division (Training Support), Arlington Heights, IL, dated 7 November 2005, promoted the applicant to SSG/E-6 in the USAR effective and with a date of rank of 1 November 2005.

7.  The Honorable Discharge Certificate provided by the applicant shows he was honorably discharged from the USAR on 19 May 2009 in the rank of SSG.

8.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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 (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.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible 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 AOE.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom (OEF) and OIF in the designated specific geographic AOE, including Kuwait and Iraq.

	b.  The ICM is awarded to members who have served in direct support of 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 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 included:

* Liberation of Iraq (19 March 2003 - 1 May 2003)
* Transition of Iraq (2 May 2003 - 28 June 2004)

	c.  Service members 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.


9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty (emphasis added).  It further states for:

	a.  item 4a and b, enter the active duty grade or rank and pay grade at the time of separation, and

	b.  item 12h, from the most recent promotion order, enter the effective date of promotion to the current pay grade during the period covered by the DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.

11.  According to the Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve
11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested award of the ICM with service stars.  This is accepted as a request for the ICM in lieu of the GWOTEM.  His record clearly shows he served during two campaigns in Iraq.  Therefore, it would be appropriate to correct his DD Form 214 to show the ICM with two bronze service stars in lieu of the already-awarded GWOTEM.

2.  Although Kuwait is a designated AOE for the GWOTEM, there is no evidence of record and the applicant did not provide any evidence that confirms he served in Kuwait for a minimum of 30 consecutive or 60 non-consecutive days.  Therefore, it appears he would not be entitled to retain the GWOTEM.

3.  He served during a qualifying period of service in Iraq for entitlement to the Overseas Service Ribbon.  Therefore, his DD Form 214 should be corrected to show this award.
4.  The evidence shows he was promoted to SGT/E-5 on 1 October 2004, which is the highest rank/grade he held during his active duty service.  Orders show he was promoted to SSG/E-6 on 1 November 2005 while serving in the USAR.  Since the DD Form 214 applies only to a specific period of active duty service, there is no basis for granting this portion of the applicant's requested relief.

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:

	a.  deleting from item 13 of his DD Form 214 the Global War on Terrorism Expeditionary Medal, and

	b.  adding to his DD Form 214 the:

* Iraq Campaign Medal with two bronze service stars
* Overseas Service Ribbon

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 changing items 4a and b of his DD Form 214 to show his rank/grade as SSG/E-6.



      ____________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)                                         AR20120018393



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ABCMR Record of Proceedings (cont)                                         AR20120018393



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