IN THE CASE OF:	  

		BOARD DATE: 26 November 2014	  

		DOCKET NUMBER:  AR20130007416 


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 Iraq Campaign Medal with two bronze service stars and the Global War on Terrorism Expeditionary Medal (GWOTEM).

2.  The applicant states:

* he is entitled to award of the ICM with two bronze service stars for service in Iraq from 19 March 2003 until his redeployment
* his DD Form 214 incorrectly shows he arrived in Kuwait on 1 March 2003, but he actually arrived on 15 February 2003 
* he is entitled to award of the GWOTEM due to his service in Kuwait from 15 February to on or about 19 March 2003

3.  The applicant provides 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 (RA) on 28 July 1999.

3.  Permanent Orders Number 100-06, issued by Headquarters, 8th Battalion, 101st Aviation Regiment, dated 10 April 2002, show the applicant was awarded the "Driver's Badge-W" (hereafter referred to as the Driver and Mechanic Badge with Driver-W Bar) during the period 2 May 2000 to 20 March 2002.  

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

* Item 13 (Decorations, Medals, Badge, Citations, and Campaign Ribbons Awarded or Authorized) the entries:

* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Bar
* Air Assault Badge

* Item 18 (Remarks) the entry "SERVICE IN KUWAIT/IRAQ from 20030301 thru 200030803"

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 15 February through 3 August 2003.

6.  Permanent Orders Number 299-01, issued by the U.S. Army Human Resources Command, dated 26 October 2011, awarded the Meritorious Unit Commendation to the 8th Battalion, 101st Aviation Regiment for service during Operation Iraqi Freedom for the period 19 March to 20 September 2003.

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 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 with two bronze service stars.  Therefore, his DD Form 214 should be corrected to show the ICM with two bronze service stars to denote his campaign participation.

2.  General orders show the unit the applicant was assigned to was awarded the Meritorious Unit Commendation during his period of service in Iraq 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 GWOTEM, which is not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this award.

4.  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.
5.  Orders awarded him the Driver and Mechanic Badge with Driver-W Bar which is not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this badge.

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 adding to item 13 of his DD Form 214 the Iraq Campaign Medal with two bronze service stars, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Meritorious Unit Commendation, and Driver and Mechanic Badge with Driver-W Bar.




      _______ _  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)                                         AR20130007416





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ABCMR Record of Proceedings (cont)                                         AR20130007416



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