IN THE CASE OF:	  

		BOARD DATE:	  26 November 2013

		DOCKET NUMBER:  AR20130006190 


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 service in support of Operations Enduring Freedom (Afghanistan) and Iraqi Freedom.

2.  The applicant states he believes his record is in error since he served in support of both Operations Enduring Freedom and Iraqi Freedom.

3.  The applicant provides:

* his DD Form 214
* a DA Form 4980-14 (Army Commendation Medal 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.  The applicant enlisted in the Regular Army (RA) on 7 July 2000.

3.  He submitted a certificate which shows Permanent Orders Number 187-061, issued by the Commander, 7th Transportation Group, dated 6 July 2003, awarded him the Army Commendation Medal for meritorious service throughout Operation Iraqi Freedom during the period 14 February to 30 May 2003.

4.  On 30 November 2003, he was honorably released from active duty after completing 3 years, 4 months, and 24 days of active service.  The DD Form 214 he was issued shows in:

* Item 12f (Foreign Service) he served overseas 5 months and 16 days
* Item 18 (Remarks) the entry "SERVICE IN KUWAIT from 030214 to 030729"

5.  The applicant's Master Military Pay Account (MMPA) shows he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait during the period 14 February through 29 July 2003.

6.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for the preparation of the DD Form 214 and states in item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214 and in item 18, for active duty service members, enter "SERVICE IN (name of country deployed) FROM YYYYMMDD-YYYYMMDD."

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

	a.  The Iraq Campaign Medal (ICM) is awarded to members who have served in direct support of Operation Iraqi Freedom.  The area of eligibility 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.  His record shows he participated in the following two campaigns:  

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

	b.  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 the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general 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.  

c.  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 area of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, 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 or 60 nonconsecutive days, are authorized the GWOTSM.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows he completed a qualifying period of service for award of the ICM.  Therefore, his DD Form 214 should be corrected to show the ICM with two bronze service stars to denote his campaign participation.

2.  He served during a qualifying period of service for award of the GWOTEM, which is not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this award.

3.  He served during a qualifying period of service for award of the GWOTSM, which is not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this award.

4.  Evidence shows the applicant served in support of Operation Iraqi Freedom during the period 14 February 2003 to 30 July 2003.  Therefore, item 18 should be corrected to show "SERVICE IN KUWAIT/IRAQ FROM 20030214 to 20030729."

5.  There is no evidence of record nor did the applicant submit any evidence which shows he served in Afghanistan.  Therefore, he is not entitled to have his record corrected to show service in support of Operation Enduring Freedom.


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:

	a.  adding to his DD Form 214 the Iraq Campaign Medal with two bronze service stars, Global War on Terrorism Expeditionary Medal, and the Global War on Terrorism Service Medal; and 

	b.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20030214-20030729" to item 18 of his DD Form 214.

2.  The Board further determined that 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 entry SERVICE IN SUPPORT OF OPERATION ENDURING FREEDOM to his DD Form 214.  



      ______________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)                                         AR20130006190





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ABCMR Record of Proceedings (cont)                                         AR20130006190



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