BOARD DATE:	  6 May 2014

		DOCKET NUMBER:  AR20130014437 


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 of 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 Service Medal (GWOTSM).

2.  The applicant states he served in Iraq.

3.  The applicant provides a copy 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's complete military records are not available for review.  His case is being considered using his DD Form 214 and Master Military Pay Account (MMPA).

3.  His DD Form 214 shows in:

* Item 2 (Department, Component and Branch) – Army, U.S. Army Reserve (USAR)
* Item 8a (Last Duty Assignment and Major Command) – U.S. Central Command
* Item 11 (Primary Specialty) – 31B (Military Police)
* Item 12a (Date Entered Active Duty This Period) – 27 December 2002
* Item 12b (Separation Date this Period) – 4 March 2004
* Item 12f (Foreign Service) – 11 months and 29 days
* Item 13 – no award of the ICM or GWOTSM
* Item 18 (Remarks):

*	ordered to active duty in support of Operation Enduring Freedom (OEF)/Iraqi Freedom (OIF)
*	service in Kuwait and Iraq 6 February 2003 to 4 February 2004
*	served in a designated imminent danger pay area

4.  Coordination with the Defense Finance and Accounting Service on the applicant's MMPA shows he received hazardous fire pay/imminent danger pay and combat zone tax exclusion for Kuwait for the period 10 February 2003 through 10 February 2004.

5.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The ICM is awarded to members who have served in direct support of 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.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility (AOE) for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria: (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility while participating in an operation or on official duties, (2) is wounded or injured and requires medical evacuation from the AOE, or (3) while participating as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations.  Under no condition will personnel or units receive the ICM, the Global War on Terrorism Expeditionary Medal (GWOTEM), the GWOTSM, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service.

	b.  The GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in 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 in operations approved by the Secretary of Defense.  Initial award of the GWOTEM was limited to service members deployed abroad in OEF and OIF in the designated specific geographic AOE including Kuwait and Iraq.

	c.  Army Regulation 600-8-22 further states service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria:  (1) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE; (2) is killed, wounded, or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time, or (3) service members participating as a regularly assigned air crewmember flying sorties into, out of, within, or over the AOE in direct support of OEF and/or OIF to qualify for award of the GWOTEM. 

   d.  The 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 evidence of record confirms that while serving as a member of the USAR, the applicant entered active duty in support of OEF/OIF on 27 December 2002.  It further shows he served outside of a designated AOE from 27 December 2002 through 5 February 2003 and that he served in Kuwait/Iraq from 6 February 2003 through 4 February 2004.

2.  Although he requested award of the ICM, insufficient evidence has been presented showing whether he was in Iraq for 30 consecutive days or 60 nonconsecutive days or that he met other criteria for this award, i.e., engaged in combat, wounded or injured while in combat.  However, based on his support of OEF/OIF, he is entitled to the GWOTEM.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The applicant served a qualifying period of service for award of the GWOTSM; therefore, he is entitled to 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 the GWOTEM and the GWOTSM to his DD Form 214.

2.  The Board further determined 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 award of the ICM.




      _______ _   _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)                                         AR20130014437



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ABCMR Record of Proceedings (cont)                                         AR20130014437



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