IN THE CASE OF:	

		BOARD DATE:	  16 July 2013

		DOCKET NUMBER:  AR20120021421 


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 Iraq Campaign Medal (ICM) and Korea Defense Service Medal (KDSM).

2.  The applicant states he served in the Republic of Korea (ROK) and also in Iraq.  The two service medals were approved and authorized after he was separated from active duty.

3.  The applicant provides copies of his orders assigning him to the ROK, two awards of the Army Achievement Medal, a certificate, 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 enlisted in the Regular Army (RA) on 5 June 1997 for a period of 4 years.  He was awarded military occupational specialty 88M (Motor Transport Operator).  He reenlisted in the RA on 7 July 2000.

3.  The applicant's DD Form 214 shows he was honorably released from active duty on 30 November 2003.  He completed 6 years, 5 months, and 26 days of net active service this period.  It also shows in:

	a.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* Army Commendation Medal
* Army Achievement Medal (7th Award)
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Driver's Badge with Wheeled ("W") Component Bar

	b.  item 18 (Remarks) shows he served in Kuwait and Iraq from 22 March 2003 through 5 August 2003.

4.  In support of his request, the applicant provides the following documents:

   a.  U.S. Total Army Personnel Command, Personnel Gram, and Headquarters, 10th Mountain Division (Light Infantry), Fort Drum, NY, Orders 012-00432, dated 12 January 2000, that show he was assigned to the 
1st Adjutant General Replacement Detachment (ROK) with a reporting date of
20 April 2000;

   b.  DA Form 638 (Recommendation for Award) and DA Form 4980-18 (Army Achievement Medal (AAM) Certificate) that show Headquarters, 703rd Main Support Battalion, Permanent Orders Number 79-04, dated 27 March 2001, awarded the applicant the AAM for meritorious service while serving as medium wheeled vehicle operator in the ROK from 20 April 2000 to 19 April 2001;

   c.  DA Form 638 and DA Form 4980-18 that show Headquarters,
864th Engineer Battalion (Combat) (Heavy), Permanent Orders Number 178-28, dated 27 June 2003, awarded the applicant the AAM for meritorious achievement while serving as a wheeled vehicle operator in support of Operation Iraqi Freedom (OIF) from 21 March to 5 June 2003; and
   d.  864th Engineer Battalion (Combat) (Heavy), Certificate of Appreciation, presented to the applicant for meritorious service during OIF in 2003.

5.  A review of the applicant's Army Military Human Resource Record (AMHRR) maintained in the interactive Personnel Electronic Records Management System (iPERMS) reveals he may be entitled to additional awards that are not shown on his DD Form 214.

   a.  Headquarters, 10th Mountain Division (Light Infantry), Fort Drum, NY, Permanent Orders Number 182-34, dated 30 June 2000, awarded him the Army Good Conduct Medal (AGCM) (1st Award) for the period 5 June 1997 to 4 June 2000.

   b.  A DA Form 4980-14 (Army Commendation Medal (ARCOM) Certificate) shows Headquarters, 130th Engineer Brigade, Hanau, Germany, Permanent Orders Number 189-08, dated 8 July 2003, awarded the applicant the ARCOM for meritorious service while serving as a wheeled vehicle operator from 4 June 1997 to 20 November 2003.
   
   c.  This review failed to reveal evidence of any disciplinary actions, adverse information, or a commander's disqualification during the period of eligibility for the AGCM (2nd Award) from 5 June 2000 to 4 June 2003.

6.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  It states the ICM is authorized for award to members of the Armed Forces of the United States who served in direct support of OIF.  The AOE encompasses all land area of the country of Iraq and 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 (the cessation of OIF).  A bronze service star is authorized with this service medal for each Iraq campaign a member is credited with participating in.  The applicant served in the Liberation of Iraq (19 March 2003 - 1 May 2003) and Transition of Iraq (2 May 2003 - 28 June 2004).

	a.  The GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in GWOT operations outside of the AOE designated for award of the GWOTEM, ICM, or Afghanistan Campaign Medal (ACM).  All Soldiers on active duty 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 KDSM is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the ROK.

	 	(1)  The area of eligibility encompasses all land area of the ROK and the contiguous water out to 12 nautical miles and all air space above the land and water area.

	 	(2)  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the AOE for 30 consecutive days or for 60 nonconsecutive days.

	c.  The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the ICM and KDSM.

2.  The evidence of record shows the applicant qualified for award of the ICM for his service in support of the GWOT in Kuwait and Iraq from 22 March through 
5 August 2003.  

   a.  Records show the applicant served in Iraq during the Liberation of Iraq and Transition of Iraq campaigns.

   b.  Therefore, it would be appropriate to correct his DD Form 214 to show award of the ICM with two bronze service stars.

3.  The evidence of record also shows the applicant:

   a.  served in the ROK from 20 April 2000 to 19 April 2001 and he qualified for award of the KDSM for his service in support of the defense of the ROK; and

   b.  he qualified for award of the GWOTSM based on his service in support of GWOT operations outside of the AOE designated for award of the GWOTEM, ICM, and ACM.
   
   c.  Therefore, it would be appropriate to correct his DD Form 214 to also show award of the KDSM and the GWOTSM.

4.  The applicant served a period of continuous honorable active duty enlisted 
service from 5 June 2000 through 4 June 2003.

	a.  He received the AAM for meritorious service in the ROK from 20 April 2000 through 19 April 2001 and the AAM for meritorious achievement in support of OIF from 21 March 2003 through 5 June 2003.

   b.  He received the ARCOM for meritorious service covering the entire period of service under review.

   c.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the second award of the AGCM.

	d.  Therefore, based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (2nd Award) for the period 5 June 2000 through 4 June 2003.

5.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.

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.  awarding him the AGCM (2nd Award) for the period 5 June 2000 to 4 June 2003 (Standard Name Line:  SPC  642nd Engineer Company, 130th Engineer Brigade (Germany); and


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

* Army Good Conduct Medal (2nd Award)
* Iraq Campaign Medal with 2 bronze service stars
* Global War on Terrorism Service Medal
* Korea Defense Service 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)                                         AR20120021421



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ABCMR Record of Proceedings (cont)                                         AR20120021421



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