IN THE CASE OF:	  

		BOARD DATE:	  29 May 2014

		DOCKET NUMBER:  AR20130016168 


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:

	a.  the dates of his first deployment to Southwest Asia (SWA) as 1 March 2002 to 2 June 2002 and

	b.  award of the Iraq Campaign Medal (ICM), Global War on Terrorism Service Medal (GWOTSM), Global War on Terrorism Expeditionary Medal (GWOTEM), Combat Action Badge (CAB), and a third award of the Army Commendation Medal (ARCOM).

2.  The applicant states:

	a.  the dates of his first deployment appear to be a typographical error;

	b.  the medals and badges were approved after his deployment to Iraq in 2003; and

	c.  the CAB was approved on 2 May 2005.

3.  The applicant provides:

* DD Form 214
* 21st Combat Support Hospital memorandum for record, dated 24 November 2003, subject:  Statement of Service
* DA Form 4187 (Personnel Action)
* DA Forms 638 (Recommendation for Award), dated 26 May 2002 and 15 May 2003
* temporary change of station orders, dated 25 January 2002 and 21 February 2003
* letters of release, dated 6 September 2003 and 24 November 20034

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.  In May 2014, the applicant was notified by separate correspondence that he had not exhausted all administrative remedies available to him with regard to his request for award of the CAB.  He was provided the necessary information to do so.  Therefore, his request for award of the CAB will not be discussed further in this Record of Proceedings.

3.  The applicant enlisted in the Regular Army on 3 March 1998 and trained as a mental health specialist.  He was honorably released from active duty on 2 March 2004.

4.  His DD Form 214 shows he was awarded or authorized the:

* Army Lapel Button
* Army Commendation Medal (2nd Award)
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Noncommissioned Officer's Professional Development Ribbon
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar

5.  Item 18 (Remarks) of his DD Form 214 shows he served in SWA from:

* 1 March 2002 to 2 June 2003
* 19 March 2003 to 8 December 2003

6.  The Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait from:

* 18 January 2002 through 20 June 2002
* 12 March 2003 through 7 December 2003

7.  He provided a DA Form 638, dated 15 May 2003, recommending him for award of the ARCOM for the period 19 March 2003 to 14 July 2003.  Item 8 (Previous Awards) of this form shows the entry "ARCOM (1OLC)" indicating two previous awards.

8.  He provided a 21st Combat Support Hospital memorandum for record, dated 24 November 2003, subject:  Statement of Service, which states he deployed to SWA from 19 March 2003 to 27 November 2003 in support of Operation Iraqi Freedom.

9.  Army Regulation 600-8-22 (Military Awards) states the ICM is awarded to members of the Armed Forces of the United States who served in direct support of Operation Iraqi Freedom.  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 to 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)

10.  Army Regulation 600-8-22 states the GWOTSM is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the GWOTEM, Afghanistan Campaign Medal, or ICM.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined, having served 30 consecutive or 60 nonconsecutive days, are authorized award of the GWOTSM.

11.  Army Regulation 600-8-22 states 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.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the area of eligibility or meet other specified criteria.  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, including Kuwait.

12.  Army Regulation 600-8-22 states the Overseas Service Ribbon (OSR) is awarded for successful completion of overseas tours.  

13.  According to the U.S. Army Human Resources Command Awards Branch, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 continuous months in Iraq or Afghanistan receive credit for a completed short tour.

14.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214.  The regulation specified to enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record supports the applicant's contention that the dates of his first deployment to SWA are incorrect.  DFAS confirmed he was deployed to Kuwait from January to June 2002.  Since the governing regulation states the 
country of deployment should be entered on the DD Form 214, item 18 of his DD Form 214 should be corrected to show he served in Kuwait from 1 March 2002 to 2 June 2002.

2.  Based on the applicant's service in Kuwait in 2002, he is authorized award of the GWOTEM.  Therefore, his DD Form 214 should be corrected to show this medal.

3.  Based on his service in Kuwait/Iraq in 2003 and participation in two campaigns, he is authorized award of the ICM with two bronze service stars.  Therefore, his DD Form 214 should be corrected to show award of the ICM with two bronze service stars.

4.  He served a period of qualifying service for award of the GWOTSM.  Therefore, his DD Form 214 should be corrected to show this award.

5.  His DD Form 214 shows two awards of the ARCOM.  However, the DA Form 638 provided by the applicant shows he had two previous awards of the ARCOM prior to approval for the third award of the ARCOM for the period 19 March 2003 to 14 July 2003.  Therefore, there is sufficient evidence in which to base correcting his DD Form 214 to show three awards of the ARCOM.

6.  Since he served 11 cumulative months in Kuwait/Iraq in a 24-month period, he is eligible for one award of the OSR.  Therefore, his DD Form 214 should be corrected to show the OSR.

BOARD VOTE:

____X ____  ____X ____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

	a.  deleting award of the ARCOM (2nd Award) from his DD Form 214;

	b.  adding award of the ARCOM (3rd Award), ICM with two bronze service stars, GWOTEM, GWOTSM, and OSR to his DD Form 214;

	c.  deleting the entry "SERVICE IN SOUTHWEST ASIA 20020301-20030602, 20030319-20031208" from item 18 of his DD Form 214; and

	d.  adding the entries "SERVICE IN KUWAIT FROM 20020301-20020602" and "SERVICE IN KUWAIT/IRAQ FROM 20030319-20031208" to item 18 of his DD Form 214.



      _____________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)                                         AR20130016168



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ABCMR Record of Proceedings (cont)                                         AR20130016168



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