IN THE CASE OF:	

		BOARD DATE:	  22 October 2013

		DOCKET NUMBER:  AR20130003804 


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 Meritorious Service Medal (MSM) and Iraq Campaign Medal (ICM) in two separate applications.

2.  The applicant states his DD Form 214 does not show the MSM he earned on 17 August 2004.  He states he served in Kuwait and Iraq from 28 February to 16 July 2003; therefore, he is authorized award of the ICM.

3.  The applicant provides:

* self-authored letter to the Army Review Boards Agency, dated 9 February 2013 (two copies)
* DD Form 214 (two copies)
* Military Personnel Message Number 08-123
* MSM Certificate

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 17 May 1996, the applicant was appointed as a Reserve commissioned officer in the rank of second lieutenant.  He was promoted to first lieutenant on 16 May 1998 and to captain on 19 April 2002.

3.  The applicant was ordered to active duty as a member of Headquarters and Headquarters Company, 478th Engineer Battalion, in support of Operation Enduring Freedom (OEF) on 7 February 2003.  The available evidence shows he arrived in Kuwait/Iraq on 28 February 2003.

4.  On 16 July 2003, the applicant departed Kuwait/Iraq en route to the United States.  He was honorably released from active duty (REFRAD) on 15 August 2003.  His DD Form 214 shows he was awarded or authorized the:

* Army Achievement Medal
* Army Commendation Medal
* National Defense Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
* overseas service bar
* Parachutist Badge

5.  Permanent Orders 230-02, dated 17 August 2004, awarded the applicant the MSM for meritorious service while serving as a line platoon leader and intelligence officer from 14 May 2001 to 17 May 2004.

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

	a.  The ICM is awarded to members who served in direct support of Operation Iraqi Freedom (OIF).  The area of eligibility (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 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 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)

	b.  The Global War on Terrorism Service Medal (GWOTSM) 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 ICM.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, 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.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of REFRAD, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and his supporting evidence has been considered.

2.  The available evidence shows the applicant served in Kuwait/Iraq from 28 February through 16 July 2003.  He participated in two campaigns while serving in Iraq.  His DD Form 214 should be amended to show he is authorized award of the ICM with two bronze service stars.

3.  He is also authorized award of the GWOTSM, which should be added to his DD Form 214.

4.  The orders awarding the applicant the MSM were published on 17 August 2004, which was almost a year after his REFRAD on 15 August 2003.  Furthermore, the award was in recognition of his meritorious service ending in May 2004 which was well after his REFRAD.  Army Regulation 635-5 specifies that the DD Form 214 provides a brief, clear-cut record of active Army service at the time of REFRAD.  Accordingly, the MSM is properly not shown on his DD Form 214 and should not be added.

5.  In view of the foregoing, the applicant's records should be corrected as recommended 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 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 amending his DD Form 214 to show he is authorized award of the ICM with two bronze service stars and GWOTSM.

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 amending his DD Form 214 to show he was awarded the MSM.



      ____________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)                                         AR20130003804



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ABCMR Record of Proceedings (cont)                                         AR20130003804



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