BOARD DATE:	  1 April 2014

		DOCKET NUMBER:  AR20130013156 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show awards of the Iraq Campaign Medal, Joint Meritorious Unit Award (JMUA), Global War on Terrorism Expeditionary Medal (GWOTEM), Army Reserve Components Achievement Medal (ARCAM), and the Combat Action Badge (CAB).

2.  The applicant states he believes he should be awarded the CAB because he was in direct and indirect small arms fire and mortar attacks on a regular basis while in Iraq.  He also states that none of the above-listed awards were added to his DD Form 214, and it does not even indicate he served in Iraq.

3.  The applicant provides copies of his DD Form 214, awards of the Army Commendation Medal (ARCOM), JMUA, Iraq Campaign Medal, ARCAM, deployment orders, and post-deployment health assessment.

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.  A review of the applicant’s records failed to show evidence indicating that the applicant was awarded the CAB or that he applied through his chain of command to the U.S. Army Human Resources Command (HRC), in accordance with Army Regulation 600-8-22, paragraph 8-8g.

3.  Paragraph 2-5, Section II, Army Regulation 15-185, the regulation under which this Board operates, states that the Board will not consider any application if it determines that an individual has not exhausted all administrative remedies available to them.  There is no evidence that the applicant has applied to HRC for award of the CAB.  Therefore, the Board will not consider this element of his application until he exhausts his administrative remedies and provides the results of his request.  Accordingly, this issue will not be discussed further in these proceedings.

4.  The applicant enlisted in the U.S. Army Reserve (USAR) on 30 October 2000 for a period of 8 years and training as a military policeman.  He completed his one-station unit training and was returned to his USAR unit.

5.  He was ordered to active duty in support of Operation Enduring Freedom on 10 February 2003 and deployed to Kuwait/Iraq during the period 20030328 – 20031213 and served in two campaigns.

6.  On 22 January 2004, he was honorably released from active duty (REFRAD) due to completion of required active service.  He had served 11 months and 13 days of active service and his DD Form 214 issued at the time of his REFRAD shows his awards as the ARCOM, National Defense Service Medal, Army Service Ribbon, and Armed Forces Reserve Medal with Mobilization Device.  It also shows in item 18 (Remarks) the entry “Service in Southwest Asia 20030328 – 20031213.”

7.  The applicant has provided memoranda signed by his commander showing that he was awarded the JMUA, Iraq Campaign Medal, the GWOTEM, and the ARCAM.

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

9.  Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  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 include:

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

10.  Army Regulation 600-8-22 states the Overseas Service Ribbon (OSR) is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.  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.  

11.  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 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 GWOTSM.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided sufficient evidence to show that he was awarded the Iraq Campaign Medal with two bronze service stars, JMUA, and the ARCAM.  Accordingly, they should be added to his DD Form 214 at this time. 

2.  The applicant also served during qualifying periods for awards of the GWOTSM and OSR.  Accordingly, they should be added to his DD Form 214 at this time.

3.  The applicant served in Kuwait/Iraq; however, his DD Form 214 reflects service in Southwest Asia.  Accordingly, his DD Form 214 should be corrected to reflect the entry “Service in Kuwait/Iraq 20030328 – 20031213.”

4.  The applicant has provided a memorandum indicating that he qualifies for award of the GWOTEM; however, it is for the same period as his award of the Iraq Campaign Medal and the governing regulation provides that both awards may not be awarded for the same period of service.  Accordingly, there appears to be no basis to add that award to his DD Form 214 at this time.

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:

* Deleting the entry “Service in Southwest Asia 20030328 – 20031213” from item 18 of his DD Form 214 for the period ending 22 January 2004
* Adding the awards of the Iraq Campaign Medal with two bronze service stars, JMUA, ARCAM, GWOTSM, and OSR to his DD Form 214 for the period ending 22 January 2004
* Adding the entry “Service in Kuwait/Iraq 20030328 – 20031213” to item 18 of his DD Form 214 for the period ending 22 January 2004

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 adding the award of the GWOTEM to his DD Form 214 for the period ending 22 January 2004.

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are 


deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _  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)                                         AR20130013156





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ABCMR Record of Proceedings (cont)                                         AR20130013156



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