IN THE CASE OF:	  

		BOARD DATE:  22 August 2013

		DOCKET NUMBER:  AR20130000512 


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 25 October 2003 to show award of the:

* Global War on Terrorism Service Medal
* Iraq Campaign Medal with two bronze service stars
* Armed Forces Service Medal
* National Defense Service Medal

2.  The applicant states he served with Battery D, 6th Battalion, 52d Air Defense Artillery, in support of Operation Southern Watch from 15 October 2001 to 23 March 2002 and in Kuwait and Iraq from 15 March to 1 July 2003.

3.  The applicant provides:

* letter from the National Personnel Records Center (NPRC), St. Louis, MO, dated 13 December 2012
* 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.  On 1 October 1997, he enlisted in the Regular Army.  He immediately reenlisted on 5 October 2000.  On 19 April 2001, he was assigned to Battery D, 6th Battalion, 52d Air Defense Artillery.

3.  On 25 October 2003, he was released from active duty due to completion of his required active service.  His DD Form 214 shows, in part, he was awarded or authorized the National Defense Service Medal and Armed Forces Expeditionary Medal.  However, his DD Form 214 does not show award of the:

* Global War on Terrorism Service Medal
* Iraq Campaign Medal with two bronze service stars
* Armed Forces Service Medal

4.  Item 18 (Remarks) of his DD Form 214 shows service in Southwest Asia from 15 October 2001 to 23 March 2002.  His Army Military Human Resource Record contains an Army Achievement Medal Certificate awarding him the Army Achievement Medal for exceptionally meritorious service in support of Operation Southern Watch from 15 October 2001 to 15 March 2002 by Permanent Order Number 85-09, dated 26 March 2009.

5.  Item 18 of his DD Form 214 also shows service in Southwest Asia from 15 March to 1 July 2003.  An email from the Defense Finance and Accounting Service (DFAS), dated 1 August 2013, shows he received hostile fire pay/imminent danger pay and combat zone tax exclusion from 17 March through 17 June 2003 for service in Kuwait.

6.  The letter to the applicant from NPRC, dated 13 December 2012, shows authorization for issuance of the awards the applicant requested.  Among the awards listed is the Armed Forces Service Medal.  However, the documentation used to verify entitlement to the awards indicated on the form was not included.

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

	a.  The Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved (the Department of Defense (DOD) Personnel and Readiness website lists the designated U.S. military operations that have been approved for award of the Armed Forces Service Medal) and who, after 1 June 1992:

* participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action
* participate for 1 or more days in the operation within the designated area of eligibility (AOE) or meet one or more of several criteria, including being engaged in direct support for –

* 30 consecutive days in the AOE (or for the full period when an operation is of less than 30 days in duration)
* 60 nonconsecutive days provided this support involves entering the AOE

   b.  Neither Operation Southern Watch nor Operation Iraqi Freedom are listed as eligible operations for this award.

	c.  The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during specified time periods.  The list of designated U.S. military operations for award of the Armed Forces Expeditionary Medal includes Operation Southern Watch from 1 December 1995 to 18 March 2003.

	d.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the AOE designated for award of the Global War on Terrorism Expeditionary Medal, 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 the Global War on Terrorism Service Medal.  

	e.  The Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom.  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 include:

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

DISCUSSION AND CONCLUSIONS:

1.  The letter from NPRC, dated 13 December 2012, shows authorization for issuance of the Armed Forces Service Medal.  However, the documentation used to verify entitlement to this award was not included.  The applicant did not provide any evidence and there is no evidence of record that he participated in any of the designated U.S. military operations that have been approved for award of the Armed Forces Service Medal shown on the DOD website.  Therefore, there is insufficient evidence to add the Armed Forces Service Medal to his DD Form 214.

2.  The National Defense Service Medal is already listed on his DD Form 214.  Therefore, there is no correction required concerning the National Defense Service Medal.

3.  He was authorized award of the Armed Forces Expeditionary Medal as shown on his DD Form 214 for his participation in Operation Southern Watch.  His statement, item 18 of his DD Form 214, and the email from DFAS are sufficient to show he served in Iraq during the period 23 March to 1 July 2003.  Therefore, he is authorized award of the Iraq Campaign Medal with two bronze service stars.

4.  He served 30 consecutive days outside the AOE for award of the Global War on Terrorism Service Medal.  Therefore, he is authorized award of the Global War on Terrorism Service Medal.

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 is 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 adding the following awards to his DD Form 214:

* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Service Medal

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 award of the Armed Forces 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)                                         AR20130000512



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130000512



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1