IN THE CASE OF:	  

		BOARD DATE:	 6 March 2014

		DOCKET NUMBER:  AR20130012890 


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 item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Iraq Campaign Medal (ICM) and Global War on Terrorism Expeditionary Medal (GWOTEM). 

2.  He states he earned the ICM and GWOTEM while serving with Headquarters and Headquarters Company, 801st Main Support Battalion, 101st Airborne Division (Air Assault) in Kuwait and Iraq in 2003.  He separated before he received the awards.  

3.  He 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.  On 6 August 1999, the applicant took the oath of office as a Reserve commissioned officer.  He entered active duty the same day.  

3.  Section IX (Assignment History) of his Officer Record Brief shows he was assigned to duty in Iraq with Headquarters and Support Company, 801st Main Support Battalion, from 26 February to 18 June 2003.  

4.  On 5 August 2003, he was honorably released from active duty.  His DD Form 214 shows in:

* item 13, he was awarded or authorized the – 

* Army Achievement Medal
* Bronze Star Medal
* Army Commendation Medal
* National Defense Service Medal
* Army Service Ribbon
* Parachutist Badge
* Air Assault Badge
* Ranger Tab

* item 18 (Remarks), the statement "OFFICER HAS SERVICE IN KUWAIT/IRAQ:  030228-030617"

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

	a.  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 area of eligibility (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 in operations approved by the Secretary of Defense.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic areas of eligibility (AOE), including Kuwait and Iraq.  The basic criteria for the award require service members to be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE.

	b.  The ICM is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  The AOE 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.  Approved campaigns include:

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

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

	d.  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 Global War on Terrorism operations outside of the AOE designated for award of the GWOTEM, Afghanistan Campaign Medal, or ICM.  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 GWOTSM.  

DISCUSSION AND CONCLUSIONS:

1.  The available evidence partially supports the applicant's request for correction of his DD Form 214 to show the ICM and GWOTEM.

2.  His record indicates he arrived in Kuwait on or about 26 February 2003.  The invasion of Iraq began on 19 March 2003, and it is reasonable to presume that he entered Iraq with his unit on or about that date and remained in Iraq until he departed to return to the United States on or about 18 June 2003.   

3.  Based on his service in Iraq and his participation in two campaigns, he is entitled to the ICM with two bronze service stars and correction of his DD Form 214 to show this award.

4.  The available records do not show that he served for 30 consecutive days or 60 nonconsecutive days in the GWOTEM AOE outside of Iraq.  Because his service does not meet the GWOTEM eligibility criteria, there is no basis for adding this award to his DD Form 214.  

5.  Based on his active duty service after 11 September 2001, he is entitled to the GWOTSM and correction of his DD Form 214 to show this award.  

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 adding to item 13 of his DD Form 214 the:

* ICM with two bronze service stars
* GWOTSM

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 the GWOTEM.  



      _______ _   _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)                                         AR20130012890





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ABCMR Record of Proceedings (cont)                                         AR20130012890



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