IN THE CASE OF:	

		BOARD DATE:	    28 January 2014

		DOCKET NUMBER:  AR20130008327 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following awards:

* Iraq Campaign Medal
* Afghanistan Campaign Medal
* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal

2.  The applicant states he served in Iraq and Afghanistan.  He also states that there is no reentry eligibility (RE) code or Army regulation for separation shown on his DD Form 214.

3.  The applicant provides copy 6 of 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 11 July 2001.  He completed training as an infantryman.  

3.  He arrived in Afghanistan on 10 March 2002 and he participated in the Consolidation I Campaign, which extended from 1 December 2001 through 30 September 2006.  The applicant departed Afghanistan en-route to the United States on 15 July 2002.

4.  The applicant arrived in Kuwait/Iraq on 1 March 2003 and he participated in the following two campaigns:

* Liberation of Iraq, which extended from 19 March 2003 through 1 May 2003
* Transition of Iraq, which extended from 2 May 2003 through 28 June 2004

5.  On 8 August 2003, the applicant departed Iraq en-route to the United States.

6.  On 30 November 2003, the applicant was honorably released from active duty (REFRAD) at the completion of his required active service.  The service copy of his DD Form 214 shows he was REFRAD under the provisions of Army Regulation 635-200, chapter 4, and that he received an RE-1 code.  He was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

7.  The applicant provides a copy of his DD Form 214 that was issued to the State Director of Veterans Affairs.  It does not show his separation authority or his RE code.  The service copy of his DD Form 214 contained in his official record does show his separation authority and his RE code.  A copy of this DD Form 214 will be provided to him.

8.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.

	b.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 24 October 2001 and 28 February 2005, in an area for which the Afghanistan Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Afghanistan Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

	c.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  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 Iraq Campaign Medal 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.

	d.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

	e.  The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.

DISCUSSION AND CONCLUSIONS:

1.  Based on the available evidence, the applicant's DD Form 214 should be amended to show he is authorized the Afghanistan Campaign Medal with one bronze service star, the Iraq Campaign Medal with two bronze service stars, and the Global War on Terrorism Service Medal.  

2.  He is not authorized the Global War on Terrorism Expeditionary Medal for his service in Afghanistan or Iraq because he received the Afghanistan and Iraq Campaign Medals.

3.  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 that the evidence presented was 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 add the following awards:

* Afghanistan Campaign Medal with one bronze service star
* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Service Medal

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 amending his DD Form 214 to show he is authorized the Global War on Terrorism 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)                                         AR20130008327



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ABCMR Record of Proceedings (cont)                                         AR20130008327



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