IN THE CASE OF:	  

		BOARD DATE:  12 November 2013

		DOCKET NUMBER:  AR20130004504 


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 Army Commendation Medal (ARCOM), Global War on Terrorism Expeditionary Medal (GWOTEM), Global War on Terrorism Service Medal (GWOTSM), and Combat Infantryman Badge (CIB).

2.  The applicant states his DD Form 214 does not show all of the awards and decorations that he is entitled to.

   a.   He was assigned to Company C, 3rd Battalion, 15th Infantry Regiment. He served in Operation Desert Spring and Operation Iraqi Freedom (OIF).  The CIB was pinned on him in Fallujah, Iraq in 2003.

   b.  The omission of the awards from his DD Form 214 sometimes causes potential employers to question his foreign service.

3.  The applicant provides a copy of his ARCOM certificate, two letters, and his 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.  The applicant enlisted in the Regular Army on 20 March 2001 for a period of 
3 years.  

   a.  Upon completion of training he was awarded military occupational specialty (MOS) 11M (Mechanized Infantryman).  He was later awarded MOS 11B (Infantryman).

   b.  He was assigned to the 3rd Battalion, 15th Infantry Regiment, Fort Stewart, GA, on 23 July 2001.

   c.  He was promoted to specialist (SPC)/pay grade E-4 on 20 March 2003.

3.  Headquarters, Department of the Army, General Orders Number 2010-22, dated 24 November 2010, shows that Headquarters and Headquarters Company, 3rd Infantry Division, including the 3rd Battalion, 15th Infantry, was awarded the Presidential Unit Citation for extraordinary heroism in action against an armed enemy from 19 March to 1 May 2003.

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 19 March 2004.  He completed 3 years of net active service during this period that included 11 months and 10 days of foreign service.

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

* Presidential Unit Citation (Army)
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Army Service Ribbon
* Army Lapel Button

	b.  Item 18 (Remarks) shows he served in Operation Desert Spring/OIF from 1 September 2002 through 10 August 2003.

5.  The applicant provides the following documents in support of his request:

   a.  DA Form 4980-14 (ARCOM Certificate) that shows Headquarters, 
2nd Brigade, 3rd Infantry Division (Mechanized) (Forward), Baghdad, Iraq, Permanent Orders 171-079, dated 20 June 2003, awarded the applicant the ARCOM for meritorious service during OIF from 20 March to 30 April 2003.

   b.  Two letters written by Sergeant First Class (SFC) Timothy T---- to the applicant's parents, dated 27 April and 14 August 2003.  SFC T--- describes how his platoon successfully moved through the open desert into the urban terrain of An Najaf, Karbala, and Baghdad on 21 March 2003.  He states the applicant and his comrades performed their duties flawlessly and enabled the platoon to complete its mission without any friendly casualties.  He commends the actions of the applicant, along with all of the Soldiers of the platoon, who ensured accomplishment of the mission.

6.  During the processing of this case, an ABCMR staff member contacted the applicant regarding the option to be awarded the Iraq Campaign Medal (ICM) in lieu of the GWOTEM for his service in support of OIF.  In response, the applicant indicated that he desired the ICM in lieu of the GWOTEM.

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

	a.  The Armed Forces Expeditionary Medal (AFEM) is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes participation in Operation Desert Spring during the period 31 December 1998 through 18 March 2003.  

   b.  The 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 (GWOT) operations on or after 11 September 2001 to a date to be determined.

		 (1)  Service members must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the area of eligibility (AOE).

	 	(2)  Initial award of the GWOTEM was limited to service members deployed abroad in Operation Enduring Freedom and OIF in designated specific geographic AOEs, that included Iraq.

   c.  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 designated GWOT AOEs on or after 11 September 2001 to a future date to be determined.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive or 60 nonconsecutive days.

   d.  The ICM is authorized for award to members of the Armed Forces of the United States who served in direct support of OIF.  The AOE encompasses all land area of the country of Iraq and 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 (the cessation of OIF).

    	(1)  A bronze service star is authorized with this service medal for each Iraq campaign a member is credited with participating in.  The applicant served in Iraq during the following campaigns:

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

    	(2)  Only one award of the ICM may be authorized for any individual.  No service member will be entitled to both the ICM and GWOTEM for the same act, achievement, or period of service.

    	(3)  Service members qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized will remain qualified for the GWOTEM.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.

	e.  The OSR is awarded for successful completion of overseas tours.

	 	(1)  According to the U.S. Army Human Resources Command, Military Awards Branch, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.

	 	(2)  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.

	f.  The CIB may be awarded to an infantryman satisfactorily performing infantry duties, assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participating in such ground combat.  Specific requirements state, in effect, that an Army Soldier must have an infantry or special forces MOS and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A Soldier must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy, to close with and destroy the enemy with direct fires.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant entered active duty on 20 March 2001 and he deployed to Iraq on 1 September 2002.  Thus, the applicant served a period of service outside the AOE for the GWOTEM that qualified him for the GWOTSM.

2.  The evidence of record shows the applicant served in Iraq from 1 September 2002 through 10 August 2003 in support of Operation Desert Spring and OIF.  

   a.  His service in support of Operation Desert Spring (from 1 September 2002 through 18 March 2003) qualified him for award of the AFEM.

   b.  His service in support of OIF (from 19 March through 10 August 2003) qualified him for award of the GWOTEM.

   c.  The evidence of record also shows the applicant qualified for award of the ICM in lieu of the GWOTEM based on his service in Iraq from 19 March through 10 August 2003.

	d.  The applicant expressed his desire for award of the ICM.  Thus, he should be awarded the ICM in lieu of the GWOTEM.  

   e.  Records show the applicant served in Iraq during the Liberation of Iraq and Transition of Iraq campaigns.
   
   f.  Therefore, it would be appropriate to correct his DD Form 214 to show award of the ICM with two bronze service stars. 

3.  The applicant qualified for award of the OSR based on his overseas service in Iraq from 1 September 2002 to 10 August 2003.

4.  The evidence of record shows:

   a.  general orders awarded the applicant's unit the Presidential Unit Citation for extraordinary heroism from 19 March to 1 May 2003;

   b.  permanent orders awarded the applicant the ARCOM for his meritorious service from 20 March to 30 April 2003; and
   
   c.  the applicant's platoon sergeant documented the applicant's successful performance of duty in ground combat operations on 21 March 2003.

   d.  Thus, the applicant's actions in ground combat met the requirements for the CIB.  Therefore, his records should be corrected to show award of the CIB.

5.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.

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.  awarding him the Combat Infantryman Badge for satisfactorily performing infantry duties in Iraq from 19 March to 1 May 2003 (Standard Name Line:  SPC  Company C, 3rd Battalion, 15th Infantry Regiment, 3rd Infantry Division (Mechanized)); and

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

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


* Overseas Service Ribbon
* Combat Infantryman Badge
* Armed Forces Expeditionary 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)                                         AR20130004504



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130004504



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1