IN THE CASE OF:	  

		BOARD DATE:	  10 October 2013

		DOCKET NUMBER:  AR20130003381 


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 two awards of the Army Commendation Medal (ARCOM) and to reflect his period of honorable service.

2.  The applicant states he earned two ARCOMs which are not shown on his 
DD Form 214.  He adds that he would like recognition for his first term of service which he served honorably.

3.  The applicant provides a DD Form 214, two ARCOM Certificates, Honorable Discharge Certificate, and two DD Forms 4 (Enlistment/Reenlistment Document). 

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 7 June 2001.  On 3 July 2003, he was honorably discharged for the purpose of immediate reenlistment.  On 
4 July 2003, he reenlisted for a period of 3 years.  

3.  Headquarters, 3rd Armored Cavalry Regiment, Permanent Orders Number 
337-33, dated 3 December 2003, awarded him the ARCOM for outstanding performance during the period 15 - 30 November 2003.

4.  Headquarters, 3rd Brigade, 101st Airborne Division, Permanent Orders Number 337-382, awarded him the ARCOM (2nd Award) for exemplary service during the period 28 February 2003 to 15 February 2004.  

5.  He was discharged on 17 June 2005 with his service characterized as under other than honorable conditions.  His DD Form 214 shows in:

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

* Afghanistan Campaign Medal
* Iraq Campaign Medal
* Global War on Terrorism Service Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Bar (3rd Award) 
* Combat Infantryman Badge
* Air Assault Badge 

	b.  block 18 (Remarks):

* he served in Afghanistan from 28 February to 3 August 2002
* he served in Kuwait/Iraq from 28 January 2003 to 17 January 2004
* no entry indicating his period of honorable service 

6.  Army Regulation 600-8-22 (Military Awards) states:

	a.  A bronze service star is authorized for wear with the Afghanistan Campaign Medal for participation in each credited campaign.  Approved designated Afghanistan campaigns are:

* Liberation of Afghanistan (11 September 2001-30 November 2001)
* Consolidation I (1 December 2001-30 September 2006)
* Consolidation II (1 October 2006-30 November 2009)
* Consolidation III (1 December 2009 – 30 June 2011)
* Transition I (1 July 2011-date to be determined)

	b.  A bronze service star is authorized for wear with the Iraq Campaign 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)

	c.  The Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism 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 in operations approved by the Secretary of Defense.  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.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic AOE, including Kuwait.

	d.  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 award of the Overseas Service Ribbon for successful completion of overseas tours.

7.  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.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service.  It states for:

	a.  block 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 and

	b.  block 18, for enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214, "IMMEDIATE REENLISTMENTS THIS PERIOD" (specify dates) will be entered.  However, for Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except honorable, then "Continuous Honorable Active Service From" (first day of service for which DD Form 214 was not issued) Until" (date before commencement of current enlistment) will be entered.  Then, the specific periods of reenlistments as prescribed above.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show two awards of the ARCOM and to reflect his period of honorable service has been carefully considered.

2.  Evidence shows he was awarded two awards of the ARCOM.  However, these awards were not recorded on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  He was awarded the Afghanistan Campaign Medal and the Iraq Campaign Medal and he participated in one campaign during his service in Afghanistan and in two campaigns during his service in Iraq.  Therefore, he is authorized one bronze service star for wear on his Afghanistan Campaign Medal and two bronze service stars for wear on his Iraq Campaign Medal and correction of his DD Form 214 to reflect these bronze service stars.

4.  Based on his service in Kuwait/Iraq during the period 28 January - 18 March 2003, he is authorized the GWOTEM and correction of his DD Form 214 to show this award.  

5.  Based on his service in Kuwait/Iraq from 28 January 2003 to 17 January 2004, he is authorized the Overseas Service Ribbon and correction of his 
DD Form 214 to show this award.

6.  Evidence shows he reenlisted on 4 July 2003 and that he was not issued a DD Form 214 for this period of honorable service in accordance with the governing regulation.  However, the required comments to block 18 of his 
DD Form 214 regarding his period of honorable service were omitted.  Therefore, his DD Form 214 should be corrected to reflect his period of honorable service.

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.  deleting from block 13 of his DD Form 214 the Afghanistan Campaign Medal and the Iraq Campaign Medal;

	b.  adding to block 13 of his DD Form 214 the:

* Army Commendation Medal (2nd Award)
* Afghanistan Campaign Medal with one bronze service star
* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Expeditionary Medal 

	c.  adding to block 18 of his DD Form 214 the entries "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 20010607 – 20030703" and "IMMEDIATE REENLISTMENT THIS PERIOD: 20030704 – 20050617."




      _______ _   _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)                                         AR20130003381



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ABCMR Record of Proceedings (cont)                                         AR20130003381



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