BOARD DATE:	  15 May 2014

		DOCKET NUMBER:  AR20130016422 


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 award of the Global War on Terrorism Expeditionary Medal (GWOTEM) for his service from 9 August 2004 to 8 November 2005 and the Army Reserve Component Achievement Medal (ARCAM).  He also requests an upgrade of his uncharacterized discharge for his term of active service from 13 February to 22 June 2001.

2.  He states:

* he meets the criteria for the GWOTEM
* there was confusion on the issuance of the GWOTEM in conjunction with the Iraq Campaign Medal (ICM) at the time of his discharge for his entire unit
* the information has been made clear since that time and a large number of drivers in his unit were eligible for both awards
* he wasn't eligible for the ARCAM until Army Directive 2012-05 was issued
* the policy memorandum was released after his discharge from all periods of active duty, National Guard service, and Individual Ready Reserve duty

3.  He provides:

* Two self-authored statements
* Two letters of support
* GWOTEM and Global War on Terrorism Service Medal (GWOTSM) information from U.S. Army Human Resources Command website
* Army Commendation Medal certificate
* DA Form 638 (Recommendation for Award)
* Memorial Ceremony program
* Certificate of Wartime Service
* Deployment orders with by-name roster
* Three DD Forms 214 (Certificate of Release or Discharge from Active Duty)
* DD Form 215 (Correction to DD Form 214)
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* DA Form 1059 (Service School Academic Evaluation Report)
* Orders awarding him the Driver and Mechanic Badge
* DA Form 2166-8 (Noncommissioned Officer Evaluation Report)
* Army policy changes for award of the ARCAM
* Certificate of Appreciation
* Certificate of Promotion

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 enlisted in the Illinois Army National Guard (ILARNG) on 9 August 2000.  He was ordered to active duty for training (ADT) on 13 February 2001.  At the completion of ADT on 22 June 2001, he was awarded military occupational specialty 88M (Motor Transport Operator) and completed 4 months and 10 months of active military service.  The DD Form 214 issued for this period shows his service was characterized as uncharacterized.  

3.  On 15 March 2003, he was ordered to active duty in support of Operation Enduring Freedom.  He was honorably released from active duty (REFRAD) on 24 May 2003 after completion of 2 months and 10 days of active military service.  The DD Form 214 issued for this period does not show award of the GWOTEM or ARCAM.

4.  On 9 August 2004, he was ordered to active duty in support of Operation Iraqi Freedom.  He served in Kuwait/Iraq from 13 October 2004 to 11 October 2005.  He was REFRAD on 8 November 2005 after completion of 1 year and 3 months of active military service.  His DD Form 214 issued for this period shows award of the GWOTSM and ICM.

5.  He was discharged from the ILARNG on 8 August 2007 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  His NGB Form 22 shows award of the GWOTSM and ICM.  This discharge document does not show award of the ARCAM.

6.  He provided two self-authored statements wherein he provided a synopsis of his military service in Kuwait and Iraq and the circumstances surrounding the events for which he is eligible for award of the GWOTEM and ARCAM.  

7.  He also provided two letters of support from a fellow Soldier who provided a synopsis of their service while deployed to Kuwait and Iraq in support of award of the GWOTEM and ARCAM.

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

	a.  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 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.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM. 

   b.  The ICM is awarded to members who served in direct support of Operation Iraqi Freedom.  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 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)

	c.  Service members who qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005 in an area for which the  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.  ARCAM is authorized for award to Army personnel for exemplary behavior, efficiency, and fidelity while serving as a member of an ARNG or U.S. Army Reserve  troop program unit or as an individual mobilization augmentee.  Individuals must have completed 4 years of qualifying service on or after 3 March 1972 and before 28 March 1995.  Beginning 28 March 1995, the period of qualifying service for award of the ARCAM was reduced from 4 to 3 years.  This change is not retroactive.  

9.  Army Directive 2012-05, dated 21 February 2012, approved changes to Army Regulation 600-8-22 for entitlement to the ARCAM.  It states when a qualifying period of Troop Program Unit service is broken by mobilization, the period of service prior to the mobilization will be added to the period following mobilization for award eligibility.  Qualifying time for award of the ARCAM will not be lost and will continue to count toward award of the ARCAM once personnel are no longer activated/mobilized.  The period of service used to award the Army Good Conduct Medal cannot be used toward of the ARCAM.  However, periods of active duty that do not meet the eligibility requirement for award of the Army Good Conduct Medal may be used for award of the ARCAM.  Enlisted Soldiers ordered to active duty for 365 days or more will be awarded the ARCAM if they complete 2 of the 3 years of qualifying service requirement.  These changes are retroactive to 11 September 2001.

10.  Army Regulation 135-178 provides that entry-level status is defined as the first 180 days of continuous active service.  Entry-level service will be described as uncharacterized if separation processing is initiated while a Soldier is in an entry-level status.  Upon enlistment, a Soldier qualifies for entry-level status during:

	a.  the first 180 days of continuous active military service or

	b.  the first 180 days of continuous active service after a service break of more than 92 days of active service; and
	c.  a member of a Reserve Component who is not on active duty or who is serving under a call or order to active duty for 180 days or less begins entry-level status upon enlistment in a Reserve Component.  Entry-level status for such a member of a Reserve Component terminates:

		(1)  180 days after beginning training if the Soldier is ordered to active duty for training for one continuous period of 180 days or more; or

		(2)  90 days after the beginning of the second period of active duty for training if the Soldier is ordered to active duty for training under a program that splits the training into two or more separate periods of active duty.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was deployed to Kuwait/Iraq in support of Operation Iraqi Freedom from 13 October 2004 to 11 October 2005.  His DD Form 214 for the period ending 8 November 2005 shows he was awarded the ICM for his service in Kuwait/Iraq.  However, he is authorized one bronze service star for wear on his ICM for participation in Iraqi Governance campaign and correction of his DD Form 214 for the period ending 8 November 2005 to show this bronze service star.

2.  Based on his service in Kuwait/Iraq, he was awarded the ICM.  Regulatory guidance precludes receipt of both the GWOTEM and ICM for the same act, achievement, or period of service.  Therefore, he is not eligible for the GWOTEM for the same period of service he received the ICM.

3.  The Army Directive 2012-05, dated 21 February 2012 approved changes for entitlement to the ARCAM. This directive provided that the period of service prior to the mobilization will be added to the period following mobilization for award eligibility.  The applicant served a period of qualifying service for award of the ARCAM.  Therefore, he is eligible for award of the ARCAM.

4.  The evidence of record shows the applicant enlisted in the ILARNG on 9 August 2000.  He was ordered to ADT on 13 February 2001 and was released from ADT on 22 June 2001 (a period of 4 months and 10 days).  His period of active duty service was uncharacterized.

5.  He was in an entry-level status at the time of his separation from ADT because he completed fewer than 180 days of active Federal service.  The determination that the applicant's service was "uncharacterized" was in compliance with the Army regulation governing separation of Soldiers while an in an entry-level status.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service.  It merely means the Soldier has not served on active duty long enough for his or her character of service to be rated.

6.  Since the applicant completed less than 180 days of active Federal service, his DD Form 214 properly reflects his service as uncharacterized.  Therefore, there is no basis for granting the requested relief.

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:

   a.  deleting the ICM from his DD Form 214 for the period ending 8 November 2005; and 
   
   b.  awarding him the ARCAM; and 
   
   c.  amending his DD Form 214 for the period ending 8 November 2005 by adding award of the ICM with one bronze service star.

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 award of the GWOTEM and  upgrade of his uncharacterized discharge.  



      _______ _   _______   ___
               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)                                         AR20130016422





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ABCMR Record of Proceedings (cont)                                         AR20130016422



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