IN THE CASE OF:
BOARD DATE: 19 February 2014
DOCKET NUMBER: AR20130006689
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 he served in Kuwait and Iraq during 2003-2004 and award of the Overseas Service Ribbon (OSR).
2. He states he was unaware of this oversight.
3. He provides his DD Form 214 and Army Regulation 600-8-22 (Military Awards), paragraph 2-17 (Iraq Campaign Medal).
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's DD Form 214 for the period ending 18 April 2004 shows he served in Kuwait and Iraq from 16 April 2003 through 3 March 2004 and he completed 10 months and 18 days of foreign service. Therefore, this portion of his request will not be discussed further in this Record of Proceedings.
3. The applicant enlisted in the Army National Guard on 14 April 1977.
4. He was ordered to active duty as a member of the Army National Guard on 10 February 2003 in support of Operation Enduring Freedom.
5. On 18 April 2004, he was honorably released from active duty upon completion of required active service.
6. His DD Form 214 for the period ending 18 April 2004 shows he was awarded or authorized the Army Commendation Medal, Army Reserve Components Achievement Medal (4th Award), National Defense Service Medal (2nd Award), Armed Forces Reserve Medal with "M" Device, Army Service Ribbon, Army Reserve Components Overseas Training Ribbon (2nd Award), and Army Lapel Button.
7. He was discharged from the Army National Guard on 13 April 2007 and transferred to the Retired Reserve. His National Guard Bureau Form 22 (Report of Separation and Record of Service) shows, in part, award of the OSR.
8. Army Regulation 600-8-22 states the Iraq Campaign Medal (ICM) is awarded to members who 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 to 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)
9. Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours. Numerals are used to denote the
second and subsequent awards of the Overseas Service Ribbon. According to the Awards Branch at U.S. Army Human Resources Command, 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 months continuous in Iraq or Afghanistan get credit for a completed short tour.
10. Army Regulation 600-8-22 states 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 areas 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 award of the GWOTSM.
DISCUSSION AND CONCLUSIONS:
The applicant served a qualifying period for award of the ICM with two bronze service stars, GWOTSM, and OSR. Therefore, these awards should be added to his DD Form 214 for the period ending 18 April 2004.
BOARD VOTE:
____X___ ____X___ ___X__ _ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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
amending his DD Form 214 for the period ending 18 April 2004 to show award of the ICM with two bronze service stars, GWOTSM, and OSR.
_______ _ 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) AR20130006689
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ABCMR Record of Proceedings (cont) AR20130006689
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