IN THE CASE OF

		BOARD DATE:  3 June 2014

		DOCKET NUMBER:  AR20130017791


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:

* his foreign service in Iraq in support of Operation Iraqi Freedom (OIF)
* he was awarded or authorized the Army Commendation Medal (ARCOM) (2nd Award), the Army Achievement Medal (AAM), and the Global War on Terrorism Expeditionary Medal (GWOTEM)

2.  The applicant states:

* he is providing his orders and certificates that show he was awarded        2 ARCOMs and an AAM
* his first ARCOM certificate shows he served in Tikrit, Iraq from 9 July  2007 through 7 October 2008; this should prove his entitlement to the GWOTEM
* Item 12f (Record of Service – Foreign Service) of his DD Form 214 should reflect his foreign service
* Item 18 (Remarks) of his DD Form 214 should show his dates of service in Iraq and that he served in a designated imminent danger pay area 

3.  The applicant provides:

* Permanent Order Number 110-006, issued by Headquarters, U.S. Army Infantry Center on 20 April 2007
* Orders 225-35, issued by Headquarters, U.S. Army Infantry Center on    13 August 2007
* DA Form 4980-14 (ARCOM Certificate), showing Permanent Order Number 191-101 was issued by the Commander, 3rd Sustainment Brigade on 7 October 2008
* ARCOM Certificate, showing Permanent Order Number 006-005 was issued by the Commander, 3rd Sustainment Brigade on 6 January 2010
* DA Form 4980-18 (AAM Certificate), showing Permanent Order Number 300-04 was issued by Headquarters, 13th Combat Sustainment Support Battalion on 7 January 2010

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.  On 15 August 2006, the applicant enlisted in the Regular Army.  He completed his initial entry training and was awarded military occupational specialty 91B (Wheeled Vehicle Mechanic).

3.  On or about 22 February 2007, he was reassigned to Fort Benning, GA.  On or about 7 March 2007, he was assigned to the 104th Transportation Company.

4.  On 12 February 2010, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows he completed    3 years, 5 months, and 28 days of net active service during this period of enlistment.  Additionally, his DD Form 214 shows:

   a. Item 12f the entry "0000–00–00," indicating he was not credited with the completion of any foreign service.

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

* ARCOM
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon

   c. Item 18 does not contain any entries that show he deployed to or participated in any named operations.

5.  The Defense Finance and Accounting Service (DFAS) records show he received hostile fire/imminent danger pay and combat zone tax exclusion for service in Kuwait during the period 9 July 2007 through 5 October 2008, a period of 1 year, 2 months, and 27 days.

6.  He provides:

   a. Permanent Order Number 110-006, issued by Headquarters, U.S. Army Infantry Center on 20 April 2007, which ordered the 104th Transportation Company to deploy to Tikrit, Iraq in support of OIF, for 365 days effective 12 July 2007.

   b. Number 191-101, issued by the Commander, 3rd Sustainment Brigade on 7 October 2008, which awarded him the ARCOM (1st Award) for meritorious service from 9 July 2007 through 7 October 2008, while serving in Tikrit, Iraq.

   c. Permanent Order Number 006-005, issued by the Commander, 3rd Sustainment Brigade on 6 January 2010, which awarded him the ARCOM (2nd Award) for outstanding performance of duty from 18 August 2009 through 
20 August 2009.

   d. Permanent Order Number 300-04, issued by Headquarters, 13th Combat Sustainment Support Battalion on 7 January 2010, which awarded him the AAM for meritorious service during the period 22 February 2007 through 12 February 2010.

7.  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, combat and special skill badges  unit decorations, and similar devices awarded in recognition of accomplishments.

   a. The GWOTEM is awarded 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.  Such Soldiers must have been assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the AOE or meet other specified criteria.

   b. The Iraq Campaign Medal 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.  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)

8.  The U.S. Army Human Resources Command (HRC) maintains an Awards and Decorations Branch website, in which they publish relevant guidance on the GWOTEM.  According to the policy stated on their website, effective 30 April 2005 the GWOTEM is no longer authorized to be awarded for service in Iraq.  For service in Iraq after 30 April 2005, the Iraq Campaign Medal is the proper award.
9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active service or control of the Active Army.  Chapter 2 contains guidance on the preparation of the DD Form 214.  

   a. Item 12f of the DD Form 214 documents the total amount of foreign service completed during the period of service represented in item 12c.

   b. Item 13 of the DD Form 214 documents awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Each entry will be verified by the Soldier's records.

   c. Item 18 documents the remarks that are pertinent to the proper accounting of the separating Soldier's period of service.  For an active duty Soldier, deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM YYYYMMDD-YYYYMMDD."

10.  A review of his record indicates he is entitled to additional awards which are not shown on his DD Form 214.

11.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.

12.  According to the HRC Awards and Decorations 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his foreign service in Iraq in support of OIF, and to show he was awarded or authorized the ARCOM (2nd Award), AAM, and the GWOTEM, was carefully considered.

2.  DFAS documentation credits him with service in Kuwait from 9 July 2007 through 5 October 2008; however, his award documents show his service was in Iraq during the same period.  Since Soldiers deployed into Iraq from Kuwait, it is reasonable to conclude his period of service was performed in Iraq.  Thus, it would be appropriate to correct his DD Form 214 to show his foreign service in Iraq.

3.  Permanent orders awarded him the ARCOM (2nd Award) and the AAM, which are not shown on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show them.

4.  According to Army guidance, the GWOTEM is no longer authorized to be awarded for service in Iraq after 30 April 2005.  The applicant served in Iraq from 9 July 2007 through 5 October 2008, a period in which the Iraq Campaign Medal was awarded.  Additionally, he served during the Iraqi Surge campaign that entitles him to a single bronze service star for wear on the Iraq Campaign Medal. Since his DD Form 214 does not show these awards, it would be appropriate to correct his DD Form 214 to show them.

5.  Lastly, his service in Kuwait and Iraq is sufficient to meet the criteria for award of the Overseas Service Ribbon, which is not shown on his DD Form 214.  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 from item 12f of his DD Form 214 the current entry and replacing it with the entry  "0001–02–27"

* adding to item 13 of his DD Form 214 the ARCOM (2nd Award), the AAM, the Iraq Campaign Medal with 1 bronze service star, and the Overseas Service Ribbon
* adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT/IRAQ FROM 20070709 – 20081005"

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 the GWOTEM.




      _______ _ 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)                                         AR20130017791



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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