Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130012692
Original file (20130012692.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	    8 August 2014

		DOCKET NUMBER:  AR20130012692 


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 add all the awards to which he is entitled.

2.  The applicant states his DD Form 214 shows he received an Army Reserve Components Overseas Training Ribbon as if he had been on Annual Training (AT); however, he was on active duty.  

3.  The applicant provides:

* Orders Number M-018-0051, dated 18 January 2003
* Orders Number 275-0034, dated 2 October 2003
* 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's record does not contain enlistment contracts; however, his chronological statement of retirement points shows that after having previous enlisted service he enlisted in the U.S. Army Reserve (USAR) on 7 January 2001.

3.  His record did not contain orders awarding him the Army Reserve Components Overseas Training Ribbon or AT orders assigning him overseas.  

4.  Orders Number M-018-0051, issued by the 375th Transportation Group (Composite), Mobile AL, on 18 January 2003 ordered him to active duty as a member of his Reserve unit to mobilize in support of Operation Enduring Freedom for a period of 365 days.  He was directed to report to the 296th Transportation Company, Medical Truck Detachment, Brookhaven, MS on 
16 January 2003 and to Fort Stewart, GA on 19 January 2003.

5.  Orders Number 275-0034, issued by Headquarters, 3rd Infantry Division (Mechanized), Fort Stewart, GA on 2 October 2003 show he was assigned to 296th Transportation Company, Medical Truck Detachment.  These orders released him from active duty on 28 October 2003.

6.  His DD Form 214 confirms he entered active duty on 16 January 2003 and was honorably released from active duty on 28 October 2003.  This form also shows he served in support of Operation Enduring/Iraqi Freedom in Iraq and Kuwait from 20 February 2003 through 21 September 2003.  Additionally:

	a.  His unit was listed as the 296th Transportation Company, Medical Truck Detachment.

	b.  he was awarded or authorized the:

* Army Achievement Medal (2nd Award)
* Army Reserve Components Achievement Medal (8th Award)
* National Defense Service Medal (2nd Award)
* Humanitarian Service Medal
* Armed Forces Reserve Medal with "M" and 10-year devices
* Noncommissioned Officer Professional Development Ribbon 
with Numeral 3
* Army Service Ribbon
* Army Reserve Components Overseas Training Ribbon (4th Award) 
* Army Lapel Button
7.  Army Regulation 600-8-22 (Military Awards)

	a.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.  

	b.  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 through 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)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record did not contain any AT orders or previous orders awarding him the Army Reserve Components Overseas Training Ribbon.  Therefore, it is impossible to determine whether or not the number listed on his DD Form 214 is incorrect.  As such, no action will be taken to adjust the number of Army Reserve Components Overseas Training Ribbons listed on his DD Form 214.

2.  He served during a qualifying period for award of the Global War on Terrorism Service Medal; therefore, he is entitled to correction of his DD Form 214 to add this award.  

3.  He served in Iraq in support of Operation Iraqi Freedom during a qualifying period for award of the Iraq Campaign Medal.  Additionally, the evidence shows he participated in two campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show the Iraq Campaign Medal with two bronze service stars. 

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 adding to his DD Form 214 for the period ending 28 October 2003 the Global War on Terrorism Service Medal and the Iraq Campaign Medal with two bronze service stars.



      _______ _   _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)                                         AR20130012692





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130012692



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140015706

    Original file (20140015706.txt) Auto-classification: Approved

    Army Regulation 600-8-22 (Military Awards) states the: a. Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF). The evidence of record shows that the applicant served in active duty in Iraq from 10 February 2003 to 21 January 2004. The applicant’s unit was awarded the Meritorious Unit Commendation for service during a period that included the applicant’s active duty in Iraq.

  • ARMY | BCMR | CY2009 | 20090007367

    Original file (20090007367.txt) Auto-classification: Approved

    Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Armed Forces Reserve Medal with "M" Device, Army Service Ribbon, and Army Lapel Button; and c. Item 18 (Remarks) shows was ordered to active duty in support of Operation Enduring Freedom in accordance with 10 USC 12302 and that he completed the period for which he was ordered to active duty for the purpose of post-service benefits and...

  • ARMY | BCMR | CY2010 | 20100022288

    Original file (20100022288.txt) Auto-classification: Approved

    The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show awards of the Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, Iraq Campaign Medal with two bronze service stars, and Overseas Service Ribbon. The evidence of record shows the applicant served during a qualifying period for award of the Global War on Terrorism Service Medal which is not shown on her DD Form 214. She also qualifies for award...

  • ARMY | BCMR | CY2015 | 20150004063

    Original file (20150004063.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect award of the Iraq Campaign Medal with four bronze service stars, Meritorious Unit Commendation, and Overseas Service Ribbon (2nd and 3rd Award). The applicant states: * he participated in four Iraq campaigns – Liberation of Iraq, Transition of Iraq, Iraqi Surge, and Iraqi Sovereignty * this entitles him to the Iraq Campaign Medal with four bronze service stars * he was...

  • ARMY | BCMR | CY2009 | 20090011310

    Original file (20090011310.txt) Auto-classification: Denied

    The applicant requests correction of her records to show she was awarded three bronze service stars instead of two bronze service stars with her Iraq Campaign Medal. The applicant states that she served in Iraq from 14 March 2003 to 18 March 2004 and 12 August 2008 to 12 June 2009 and that these periods of service would qualify her for three bronze service stars instead of two. Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19...

  • ARMY | BCMR | CY2014 | 20140008625

    Original file (20140008625.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 28 March 2005 to show he was awarded the Iraq Campaign Medal instead of the Global War on Terrorism Expeditionary Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Forms 214, dated 28 March 2005 and 20 December 2011, the Global War on Terrorism Expeditionary Medal; and b. adding...

  • ARMY | BCMR | CY2009 | 20090020678

    Original file (20090020678.txt) Auto-classification: Approved

    There is no evidence in the applicant's military personnel records that shows he was awarded the Iraq Campaign Medal with 2 bronze service stars or Expert Marksmanship Qualification Badge with Rifle, Grenade, and Bayonet Bars. Records also show the applicant qualified for award of the ICM in lieu of the GWOTEM based on his service in support of Operation Iraqi Freedom. As a result, the Board recommends that all Department of the Army and State Army National Guard records of the individual...

  • ARMY | BCMR | CY2008 | 20080019122

    Original file (20080019122.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Reserve Components Achievement Medal, the Overseas Service Ribbon, and the Iraq Campaign Medal with two bronze service stars. This form also shows the following entries: a. item 12f (Foreign Service) shows the entry “0000 07 26” indicating he completed 7 months and 26 days of foreign service during the period covered by the DD Form 214; b. item 24...

  • ARMY | BCMR | CY2009 | 20090013672

    Original file (20090013672.txt) Auto-classification: Approved

    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, Overseas Service Ribbon, and the Global War on Terrorism Service Medal. The available evidence is sufficient to show that the applicant served a qualifying period of active duty service for award of the Iraq Campaign Medal, Overseas Service Medal, and the Global War on Terrorism Service Medal. Therefore, his...

  • ARMY | BCMR | CY2009 | 20090001182

    Original file (20090001182.txt) Auto-classification: Approved

    Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 ending on 24 October 2003 lists his awards as the Meritorious Service Medal, Army Commendation Medal, Army Reserve Components Achievement Medal, National Defense Service Medal (two awards), Armed Forces Expeditionary Medal, Armed Forces Reserve Medal with "M" Device, and the Army Service Ribbon. The evidence clearly shows that the applicant served on active duty during...