IN THE CASE OF:	  

		BOARD DATE:	  17 July 2014

		DOCKET NUMBER:  AR20130020697 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show awards of the Iraq Campaign Medal (ICM), Global War on Terrorism Expeditionary Medal (GWOTEM), Global War on Terrorism Service Medal (GWOTSM) and the Presidential Unit Citation (PUC).

2.  The applicant states that he served his country in support of Operation Iraqi Freedom and the awards of the ICM, GWOTEM, GWOTSM and the PUC had not been approved before he was released from active duty (REFRAD).

3.  The applicant provides his deployment orders, flight manifest, leave and earnings statement and proof of deployment to support his application. 

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 2 April 1999 for a period of 4 years and training as a cavalry scout.  He completed his training and was assigned to Troop C, 1st Battalion, 2nd Armored Cavalry Regiment at Fort Polk, Louisiana.  He was advanced to the rank and pay grade of specialist/E-4 on 1 July 2002.  He deployed to Iraq during the period 25 April 2003 to 30 July 2003 for a period of 3 months and 10 days.

3.  On 31 October 2003, he was honorably REFRAD due to completion of required service.  He had completed 4 years, 6 months and 19 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the Army Commendation Medal (2nd Award), Army Achievement Medal (3rd award), Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, and the Driver and Mechanic Badge with Driver and  “M” Bar.

4.  Army Regulation 600-8-22 (Military Awards) states the ICM is awarded to members who have served in direct support of Operation Iraqi Freedom (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)

5.  Army Regulation 600-8-22 states service members qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005, in an area for which the ICM 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.

6.  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 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. 

7.  Army Regulation 600-8-22 states the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) 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 days or 60 nonconsecutive days are authorized the GWOTSM.  

8.  Department of the Army Pamphlet 672-3 (Unit Campaign Participation Register) indicates that the applicant’s unit was awarded the PUC for Operation Iraqi Freedom during the period 6 April 2003 to 15 June 2004.

9.  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.  It establishes standardized policy for preparation of the DD Form 214 and provides in pertinent part that for item 18 (Remarks) for an active duty Soldier deployed to a foreign country 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)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant served during a qualifying period for award of the ICM with two bronze service stars and that award should be added to his DD Form 214.

2.  He also served during a qualifying period for award of the GWOTSM and that award should also be added to his DD Form 214.

3.  Additionally, his unit was awarded the PUC during the period he served with the unit and he is entitled to have that award added to his DD Form 214.

4.  He deployed to Iraq during the period 25 April 2003 to 30 July 2003 and is entitled to have that information reflected on his DD Form 214.

5.  Inasmuch as he is entitled to award of the ICM for his service in Iraq, he is not entitled to award of the GWOTEM for the same period of service.


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:

* Adding the awards of the ICM with two bronze service stars, the GWOTSM, and the PUC to item 13 of his DD Form 214
* Adding the entry "SERVICE IN IRAQ FROM 20030425-20030730" 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 adding the GWOTEM to 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)                                         AR20130020697



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130020697



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1