IN THE CASE OF:	  

		BOARD DATE:	    22 August 2013 

		DOCKET NUMBER:  AR20130000413 


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) for the period ending 13 June 2003 to show the Global War on Terrorism Service Medal (GWOTSM) and Iraq Campaign Medal (ICM) with three bronze service stars.

2.  The applicant states these items were not included on his DD Form 214 in question.

3.  The applicant provides:

* DD Form 214 for the period ending 13 June 2003
* U.S. Army Human Resources Command (AHRC) Form 1569 (Transcript of Military Record)

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.  His records show that on 19 July 1999, with prior service he enlisted in the U.S. Army Reserve (USAR).

3.  On 10 February 2003, he entered active duty from his USAR unit in support of Operation Enduring Freedom (OEF).

4.  His DD Form 214 in question shows that on 13 June 2003 he was honorably released from active duty.  It shows he completed 4 months and 4 days of creditable active service during this period.  His DD Form 214 further shows he was awarded or authorized the:

* Army Commendation Medal
* Army Achievement Medal (4th Award)
* Army Good Conduct Medal
* National Defense Service Medal (2d Award)
* Southwest Asia Service Medal with two bronze service stars
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
* Overseas Service Ribbon

5.  On 20 November 2003, Orders 03-324-00212 issued by the 99th Regional Readiness Command (RRC) ordered the applicant to active duty in support of Operation Iraqi Freedom (OIF) for a period of 548 days effective 7 December 2003. 

6.  A DA Form 2173 (Statement of Medical Examination and Duty Status), dated 22 February 2005, shows he was assigned to a unit located in Balad, Iraq at the time of his outpatient treatment for an injury on 22 February 2005.

7.  On 3 June 2005, Orders A-08-512694, issued by AHRC, ordered the applicant to active duty to voluntarily participate in the Reserve Component medical holdover medical retention processing program for completion of medical care and treatment effective 26 May 2005.  These orders were extended by amendments retaining him on active duty until 15 April 2007.

8.  Orders 07-263-00022, issued by Headquarters, 99th RRC honorably discharged him from the USAR effective 20 September 2007. 

9.  His records maintained in the interactive Personnel Electronic Records Management System is void of a DD Form 214 covering any active duty he would have served in connection with the above orders.

10.  He provides an AHRC Form 1569 for the period ending 15 April 2007, showing he served on active duty from 7 December 2003 to 15 April 2007.  This form shows he served in Iraq and that he was awarded or authorized:

* Army Commendation Medal
* Army Achievement Medal (4th Award)
* Army Good Conduct Medal
* National Defense Service Medal (2d Award)
* Army Reserve Components Achievement Medal
* Southwest Asia Service Medal with two bronze service stars
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
* Overseas Service Ribbon

11.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) indicated that the Soldier's Master Military Pay Account shows he received Hostile Fire Pay/Imminent Danger Pay and Combat Zone Tax Exclusion from 4 April 2004 through 29 March 2005 for Kuwait.

12.  Army Regulation 600-8-22 (Military Awards) states 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 areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal (GWOTEM), Afghanistan Campaign Medal, or ICM.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.  

13.  Army Regulation 600-8-22 states the ICM is awarded to members who have 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 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 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)

DISCUSSION AND CONCLUSIONS:

1.  His DD Form 214 for the period ending 13 June 2003, which he provided, shows he served on active duty in support of OEF for 4 months and 4 days.  This indicates he completed qualifying service for award of the GWOTSM during that period of active duty.  Therefore, it would be appropriate to add this medal to his DD Form 214 for the period ending 13 June 2003 and his AHRC Form 1569 for the period ending 15 April 2007.

2.  DFAS records show he received Hostile Fire Pay/Imminent Danger Pay and Combat Zone Tax Exclusion during the period 4 April 2004 through 29 March 2005 for Kuwait.  However, this period is not covered on the DD Form 214 in question and his records are void of a DD Form 214 covering that period of service.  A DA Form 2173 shows he was located in Iraq on 22 February 2005.  Based on the above information, it appears there is sufficient evidentiary basis to show he is entitled to have the ICM with two bronze service stars.  However, there is no available DD Form 214 on which to add this award.  As such, it would be appropriate to add this award to his AHRC Form 1569 for the period ending 15 April 2007.

3.  In view of the foregoing, he is entitled to have his records corrected as shown below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  __X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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.  adding the GWOTSM to his DD Form 214 for the period ending 13 June 2003, and

	b.  adding the GWOTSM and ICM with two bronze service stars to his AHRC 1569 for the period ending 15 April 2007.

2.  The Board further determined 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 adding the ICM with three bronze service stars to his DD Form 214 for the period ending 13 June 2003.  




      _______ _ 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)                                         AR20130000413





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ABCMR Record of Proceedings (cont)                                         AR20130000413



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