BOARD DATE:	    19 June 2014

		DOCKET NUMBER:  AR20130015879 


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 show award of the National Defense Service Medal (NDSM) and the Iraq Campaign Medal (ICM) in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM).

2.  The applicant states his deployment in support of Operation Iraqi Freedom (OIF) qualified him for receipt of these medals.  He was on medication during the review process and did not realize the medals were not listed on his DD Form 214.

3.  The applicant provides:

* reassignment orders
* mobilization orders
* deployment orders
* 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 was ordered to active duty as a member of his U.S. Army Reserve unit in support of OIF on 5 November 2007.

3.  The applicant's DA Form 2166-8 (Noncommissioned Officer Evaluation Report (NCOER)) for the period 10 October 2007 through 9 October 2008 shows he served as the NCO in charge of the Logistics Support Element at Camp Buehring, Kuwait, during the rated period.  Neither the applicant's rater nor his senior rater mentioned him entering the country of Iraq during the period covered by this NCOER.

4.  On 7 December 2008, he was released from active duty upon completion of 1 year, 1 month, and 3 days of active service.  His DD Form 214 does not show award of the NDSM or ICM.  However, it shows he was awarded the GWOTEM.  Item 18 (Remarks) of his DD Form 214 shows he served in the designated imminent danger pay area of Kuwait from 19 November 2007 through 4 November 2008, a period of 11 months and 16 days.

5.  The applicant's records are void of any evidence that shows he served in the country of Iraq.  In view of this fact, an ABCMR analyst contacted the applicant via telephone and email on 10 June 2014 to afford him an opportunity to provide evidence confirming he served in Iraq.  The applicant stated he could provide the evidence via facsimile or email.  The analyst advised the applicant that his case would be held for 1 week pending receipt of the additional evidence with the understanding that his case would be processed based upon the evidence that is readily available if the evidence was not received within 1 week.  As of 17 June 2014, the applicant did not provide any additional evidence.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

	b.  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 encompasses all foreign land, water, and air spaces outside the 50 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.  Service members who qualified for award of 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.

	c.  The ICM is awarded to members who 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 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 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)

	d.  Under no condition will personnel or units receive the ICM, GWOTEM, Global War on Terrorism Service Medal, Afghanistan Campaign Medal, or Armed Forces Expeditionary Medal for the same action, time period, or service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the NDSM and ICM was carefully considered and was found to have partial merit.

2.  The applicant served a qualifying period for award of the NDSM.  Therefore, his DD Form 214 should be corrected to show this service medal.

3.  Although the evidence shows he served in Kuwait, his records are void of any evidence and he failed to provide any evidence that shows he completed a qualifying period of service in Iraq for award of the ICM with one bronze service star in lieu of the GWOTEM.  Therefore, it would be inappropriate to modify his DD Form 214 by removing the GWOTEM and adding the ICM with one bronze service star 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 the evidence presented is 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 award of the NDSM to his DD Form 214 for the period ending 
7 December 2008.

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 removing award of the GWOTEM and adding award of the ICM with one bronze service star to his DD Form 214 for the period ending 7 December 2008.



      _______________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)                                         AR20130015879



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ABCMR Record of Proceedings (cont)                                         AR20130015879



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