BOARD DATE:	  12 June 2014

		DOCKET NUMBER:  AR20130018688 


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 Army Commendation Medal (ARCOM), Iraq Campaign Medal (ICM), Overseas Service Ribbon (OSR), and the Global War on Terrorism Expeditionary Medal (GWOTEM).

2.  The applicant states the medals were not listed on his DD Form 214.

3.  The applicant provides a copy of the back page of a DA Form 638 (Recommendation for Award).

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 18 February 2004.
3.  Permanent Orders Number 285-33, issued by Headquarters, 4th Brigade Combat Team, 3rd Infantry Division, dated 12 October 2005, awarded him the ARCOM for service in support of Operation Iraqi Freedom (OIF).

4.  The applicant was discharged on 25 January 2008, after completing 3 years,   8 months, and 3 days of active service.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal and the Army Service Ribbon.  There is no indication he completed any foreign service.

5.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed his Master Military Pay Account which shows he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait from 31 January 2005 through 9 January 2006 (a period of 11 months and 10 days).

6.  Army Regulation 600-8-22 (Military Awards) 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 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.  

7.  Army Regulation 600-8-22 states 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)

8.  Army Regulation 600-8-22 provides that under no condition will personnel or units receive the ICM, the GWOTEM, the Global War on Terrorism Service Medal (GWOTSM), the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service.
9.  In view of the foregoing, an ABCMR staff member contacted the applicant to ask if he would prefer to have the ICM with two bronze service stars in lieu of the GWOTEM.  The applicant stated he desired to receive the ICM with two bronze service stars.

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 the GWOTSM.

11.  Army Regulation 600-8-22 states the OSR 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.  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  Information received from U.S. Army Human Resources Command on 29 November 2011 stated they were provided guidance from G-1 in January 2006 to award short tour credit to those Soldiers who served a combat deployment/operational deployment (non-combat) tour for 9 months or 8 months and 16 days or more.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army and establishes standardized policy for preparation of the DD Form 214.  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 should be complete and accurate.  Chapter 2 contains guidance for preparation of the DD Form 214.  It states 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 (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the ARCOM, ICM, GWOTEM, and OSR has been carefully examined and found to have partial merit.

2.  Permanent orders awarded him the ARCOM.  Therefore, he is entitled to correction of his DD Form 214 to show this award.  
3.  The evidence shows he completed a qualifying period of service for entitlement to either the ICM with two bronze service stars or the GWOTEM.  However, regulatory policy prohibits the award of both medals for the same period of time.  The applicant informed an ABCMR staff member that he desired to have the ICM with two bronze service stars in lieu of the GWOTEM.  Therefore, his DD Form 214 should be corrected to show award of the ICM with two bronze service stars.

4.  The applicant served a qualifying period of service for entitlement to the GWOTSM and OSR.  Therefore, his DD Form 214 should be corrected to show these awards.

5.  The evidence of record is ambiguous regarding the applicant's actual dates of service in Iraq.  DFAS records indicate the applicant was deployed to Kuwait from 31 January 2005 through 9 January 2006, a period of 11 months and 10 days.  At the time, he would likely have been processed into the theater of operations through Kuwait, which is likely why DFAS records show he served in that country.

6.  The DFAS information is accepted as sufficient evidence with which to amend item 12f (Foreign Service) and item 18 (Remarks) of the applicant's DD Form 214 to show he served in Kuwait/Iraq from 31 January 2005 to 9 January 2006 and thereby add a period of 11 months and 10 days of foreign service to his DD Form 214.

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 current entry from item 12f of his DD Form 214 and replacing it with the entry "0000  11  10,"
	b.  adding award of the ARCOM, ICM with two bronze service stars, GWOTSM, and OSR to his DD Form 214, and

	c.  adding the statement "SERVICE IN KUWAIT/IRAQ FROM 20050131-20060109" to item 18 of his DD Form 214.

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.  




      _______ _ 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)                                         AR20130018688





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ABCMR Record of Proceedings (cont)                                         AR20130018688



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