IN THE CASE OF:	

		BOARD DATE:	    15 August 2013

		DOCKET NUMBER:  AR20120020173 


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 service in Iraq and the Global War on Terrorism Expeditionary Medal.

2.  The applicant states Army Regulation 600-8-22 (Military Awards), chapter 2, states that the Global War on Terrorism Expeditionary Medal (GWOTEM) was established by Executive Order 13289 on 12 March 2003.  It authorized award of the GWOTEM to members of the Armed Forces of the United States who deployed abroad for service in the GWOT Operations on or after 11 September 2001 to a date to be determined.

3.  The applicant provides no additional evidence.

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 1 August 1996 for a period of
4 years.  He remained on active duty through reenlistment and/or extensions.

3.  Permanent Order 043-007, issued by Alpha Detachment, 90th Personnel Services Battalion, dated 12 February 2003, awarded him the Army Good Conduct Medal (2nd Award) for the period 1 August 1999 through 31 July 2002.

4.  On 30 May 2004, the applicant was honorably discharged by reason of disability that existed prior to service as determined by a Physical Evaluation Board (PEB).  He completed 7 years, 9 months, and 29 days of creditable active service.  The DD Form 214 he was issued at the time shows in:

	a.  Item 12f (Foreign Service) the entry "0001  11  09," indicating he completed 1 year, 11 months, and 9 days of foreign service.

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

* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Korea Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Global War on Terrorism Service Medal

	c.  Item 18 (Remarks) no entry for deployed service.

5.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received:

	a.  Cost of Living Allowance (COLA) for service in Korea from 16 February 1997 through 8 February 1998, a period of 11 months and 24 days.

	b.   hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in:
* 
Kuwait from 15 May 1998 through 20 August 1998, a period of
3 months and 6 days
* Kuwait/Iraq from 3 May 2003 through 16 April 2004, a period of
11 months and 14 days

6.  During the processing of this case, a staff member of the Board contacted the applicant to determine if he desired the ICM with one bronze service star in lieu of the GWOTEM based on his service in Kuwait/Iraq for the period May 2003 to April 2004.  After explaining the options available to him, the applicant indicated he wanted the GWOTEM, the award that he asked for.

7.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, and similar devices awarded in recognition of accomplishments.  It 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 GWOT 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, including Kuwait and Iraq.  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, or meet other, specified criteria.

	b.  The Iraq Campaign Medal (ICM) is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  The ICM period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF.  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 - date to be determined)

	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.

	d.  The Overseas Service Ribbon is awarded for successful completion of overseas tours.  Numerals, beginning with Numeral "2," are used to denote the second and subsequent awards of the Overseas Service Ribbon.

	e.  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.

8.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect an individual's service, as it exists on the date of release from active duty, discharge, or retirement.  It states for:

	a.  Item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.

	b.  Item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.

	c.  Item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.

2.  Records show that based on the applicant's Kuwait/Iraq service from May 2003 to April 2004, he is entitled to either the GWOTEM or the ICM with one bronze service star.  He opted for the GWOTEM; therefore, his DD Form 214 should be corrected to show this award.

3.  Permanent orders awarded him the Army Good Conduct Medal (2nd Award).  Therefore, his DD Form 214 should be corrected accordingly.

4.  Based on his service in Korea, Kuwait, and Kuwait/Iraq he completed 2 years, 2 months, and 14 days of total foreign service.  Therefore, his DD Form 214 should be corrected accordingly.

5.  Evidence shows he completed a normal tour of duty in Korea.  He also served in Kuwait/Iraq for more than 9 continuous months that credits him with a completed short tour.  Therefore, he is entitled to two awards of the Overseas Service Ribbon and correction of his DD Form 214 accordingly.

6.  Evidence shows he deployed to Kuwait and Kuwait/Iraq during the period covered by his DD Form 214.  Therefore, his DD Form 214 should be corrected to these periods of deployment.

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:

* deleting from Item 12f of his DD Form 214 the current entry and replacing it with the entry "0002  02  14"
* deleting from Item 13 of his DD Form 214 the Army Good Conduct Medal and the Overseas Service Ribbon
* adding to Item 13 of his DD Form 214 the:

* Army Good Conduct Medal (2nd Award)
* Overseas Service Ribbon with Numeral 2
* Global War on Terrorism Expeditionary Medal


* adding to Item 18 of his DD Form 214 the entry:

* "SERVICE IN KUWAIT FROM 19980515 - 19980820"
* "SERVICE IN KUWAIT/IRAQ FROM 20030503 - 20040416"



__________ _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)                                         AR20120020173



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ABCMR Record of Proceedings (cont)                                         AR20120020173



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