IN THE CASE OF: 

		BOARD DATE:	    29 May 2014

		DOCKET NUMBER:  AR20130017360 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Armed Forces Expeditionary Medal, Armed Forces Service Medal, and campaign credit for his service in Iraq.

2.  The applicant states he needs his DD Form 214 corrected to assist him in obtaining Federal employment.

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 enlisted in the Regular Army on 13 July 2000.

3.  On 30 November 2003, the applicant was honorably released from active duty at the completion of his required active service.  Item 12f (Foreign Service) of his DD Form 214 shows he completed 1 year of foreign service.

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the:

* Army Commendation Medal
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon

5.  Item 18 (Remarks) shows he served in Iraq from 2 April to 22 August 2003, a period of 4 months and 21 days.

6.  During the applicant's tour of duty in Iraq, he participated in the following two campaigns:

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

7.  The applicant's records contain an Enlisted Record Brief, dated 8 October 2003, which shows he received tour completion credit for service in Korea in December 2001.

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

	a.  The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods.  An individual who was not engaged in actual combat or equally hazardous activity must have been a bona fide member of a unit participating in or be engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days, provided this support involved entering the area of operations.

	b.  The Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992, participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action.

	c.  The Iraq Campaign Medal 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 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.

	d.  The Global War on Terrorism Service Medal 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 Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  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 the Global War on Terrorism Service Medal.

	e.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

9.  Army Regulation 635-5 (Separation Documents), then in effect, 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.  It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form is complete and accurate.  Chapter 2 contains specific guidance for preparation of the DD Form 214.  It states for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214; and

	b.  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been carefully considered and found to have partial merit.

2.  With regard to the Armed Forces Expeditionary Medal, the medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period as listed in Army Regulation 600-8-22.  His records are absent of evidence and he has not provided sufficient evidence to show he served in support of an operation for which the Armed Forces Expeditionary Medal is authorized.

3.  His records are absent of evidence and he has not provided sufficient evidence to show he served in support of an operation for which the Armed Forces Service Medal is authorized.

4.  The evidence shows he served in Iraq from 2 April to 22 August 2003, a period of 4 months and 21 days.  This period of foreign service is not reflected in item 12f of his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this foreign service.

5.  Based on his dates of service in Iraq, he participated in two campaigns which authorize him the Iraq Campaign Medal with two bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

6.  The evidence of record shows the applicant was serving on active duty after 11 September 2001.  Therefore, he is authorized award of the Global War on Terrorism Service Medal and correction of his DD Form 214 to show this award.

7.  The available evidence shows the applicant completed a period of qualifying service for award of the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected 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 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:

	a.  deleting the current entry from item 12f of his DD Form 214 and replacing it with the entry "0001  04  21,"

	b.  adding the following awards to item 13 of his DD Form 214:

* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Service Medal
* Korea Defense Service Medal

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 correcting his DD Form 214  to show award of the Armed Forces Service Medal and Armed Forces Expeditionary Medal.



      _______ _  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)                                         AR20130017360



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ABCMR Record of Proceedings (cont)                                         AR20130017360



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