IN THE CASE OF:	  

		BOARD DATE:  16 July 2013

		DOCKET NUMBER:  AR20130000223


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded or authorized the Global War on Terrorism Expeditionary Medal (GWOTEM) and Global War on Terrorism Service Medal (GWOTSM).

2.  The applicant states he served in Iraq; however, his DD Form 214 does not show he was awarded or authorized the "GWOT medal."

3.  The applicant provides:

* DD Form 214
* a letter from his platoon leader during his deployment to Kuwait and Iraq
* Permanent Order 017-005, Headquarters, U.S. Army Fort Dix, Fort Dix, NJ, dated 17 January 2003, with corresponding North Atlantic Treaty Organization Travel Order, dated 5 February 2003

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 U.S. Army Reserve (USAR) on 28 June 1991.  He completed training and was awarded military occupational specialty 31B (Military Police).

3.  On 4 April 1993, he was promoted to the rank/grade of specialist/E-4.

4.  On 27 December 2002, his unit, the 822d Military Police Company, was mobilized in support of Operation Enduring Freedom (OEF).  He entered active duty and he deployed with his unit to Kuwait on 6 February 2003.

5.  On 4 March 2004, he was honorably released from active duty at the completion of his required active service.

	a.  Item 12f (Foreign Service) of his DD Form 214 shows he completed 11 months and 29 days of foreign service.

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the:

* Army Commendation Medal
* National Defense Service Medal (2nd Award)
* Humanitarian Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
* Army Reserve Components Overseas Training Ribbon (2nd Award)
* two overseas service bars
* Driver and Mechanic Badge with Driver-W Bar

	c.  Item 18 (Remarks) of his DD Form 214 contains the entry "SERVICE IN KUWAIT AND IRAQ 20030206 TO 20040204."

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The GWOTSM is authorized for award to members of the Armed Forces of the United States who participated in GWOT operations outside of the areas of eligibility (AOE) designated for award of the GWOTEM, Afghanistan Campaign Medal, or Iraq Campaign Medal.  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 award of the GWOTSM.

	b.  The GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in GWOT operations on or after 11 September 2001 to a date to be determined.

		(1)  The general AOE encompasses all foreign land, water, and air spaces outside the 50 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 award of the GWOTEM.

		(2)  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.  The initial award of the GWOTEM was limited to service members deployed abroad in OEF or Operation Iraqi Freedom (OIF), in designated specific geographic AOE, including Kuwait.

	c.  The Iraq Campaign Medal is awarded to members who served in direct support of OIF.  The AOE 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 through 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-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)

7.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

8.  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.
9.  According to the U.S. Army Human Resources Command Awards Branch, 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 continuous months in Iraq or Afghanistan receive credit for a completed short tour.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show he was awarded or authorized the GWOTSM and GWOTEM was carefully considered.

2.  The evidence of record shows he served a qualifying period for entitlement to the GWOTSM which is not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The evidence further shows he served in Kuwait from 6 February 2003 through 18 March 2003 – a period of 1 month and 13 days.  This period authorizes him award of the GWOTEM which is not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The evidence further shows he served in Iraq from on or about 19 March 2003 through 4 February 2004 – a period of 10 months and 16 days.  This period authorizes him award of the Iraq Campaign Medal with two bronze service stars which is not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this award.

5.  Lastly, his service in Kuwait and Iraq is sufficient to meet the criteria for award of the Overseas Service Ribbon which is not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this award.

BOARD VOTE:

____X___  ____X___  ___X__ _  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 amending item 13 of his DD Form 214 to add award of the:

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



      _______ _  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)                                         AR20110020936



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ABCMR Record of Proceedings (cont)                                         AR20130000223



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