IN THE CASE OF:  	  

		BOARD DATE:  16 October 2014	  

		DOCKET NUMBER:  AR20140000398 


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 an upgrade of his under honorable conditions discharge.  He also requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his combat campaigns in Iraq. 

2.  The applicant states he got into minor trouble towards the end of his tour in Iraq.  He was not allowed an honorable discharge or access to his GI Bill.  Additionally, even though he served in Kuwait and Iraq, none of his campaigns are listed on his DD Form 214. 

3.  The applicant does not provide any evidence. 

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.  With respect to the characterization of service, the applicant's request is premature:

	a.  Paragraph 2-5, Section II, Army Regulation 15-185, the regulation under which this Board operates, states that the Board will not consider any application if it determines that a member has not exhausted all administrative remedies available to them.  The applicant's discharge date is 19 April 2005 which is within the Army Discharge Review Board's 15-year statute of limitations.  

	b.  Therefore, the portion of his request that pertains to reviewing his discharge and characterization of service was forwarded to the ADRB for adjudication and this issue will not be discussed further in this Record of Proceedings. 

3.  The applicant enlisted in the Regular Army on 7 July 2001 and he held military occupational specialty 25U (Signal Support System Specialist).  

4.  His available records (aside from a listing on his DD Form 214) do not contain deployment or redeployment orders, temporary change of station orders, awards pertaining to his service in combat, or other documents pertaining to his deployment.  However, his separation packet shows: 

	a.  Between April 2004 and December 2004, he was frequently counseled by members of his chain of command while assigned to the 31st Combat Support Hospital, Baghdad, Iraq.  

	b.  On 10 September 2004, he accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice for absenting himself from his appointed place of duty in Baghdad on several occasions (19 April, 27 August, 1 September, and 3 September 2004).  His punishment consisted of a reduction in grade and forfeiture of pay (both suspended), and extra duty and restriction. 

	c.  On 29 November 2004, while still in Baghdad, the suspension of punishment of reduction and forfeiture was vacated for committing another offense on 21 November 2004. 

5.  On 28 February 2005, while at Fort Bliss, TX, his chain of command initiated separation action against him under the provisions of Army Regulation 635-200 (Active Duty Enlisted Personnel Separations) by reason of misconduct, a pattern of misconduct. 

6.  On 9 March 2005, the separation authority approved the discharge action and ordered him discharged with an under honorable conditions (general) discharge. Accordingly, he was discharged on 19 April 2005.  

7.  His DD Form 214 shows he completed 4 years, 1 month, and 13 days of active service.  It also shows in: 

* Item 12f (Foreign Service), he completed 1 year of foreign service
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Global War on Terrorism Expeditionary Medal, and Army Service Ribbon
* Item 18 (Remarks) shows he served in Kuwait/Iraq from 6 January 2004 to 7 January 2005

8.  An email, dated 16 October 2014, from the Defense Finance and Accounting Service confirmed the applicant served in Kuwait from 8 January 2004 to 6 January 2005. 

9.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Global War on Terrorism Expeditionary Medal 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.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the area of eligibility, or meet other, specified criteria.  Initial award was limited to service members deployed abroad in Operations Enduring Freedom and Operation Iraqi Freedom (OIF) in a number of designated specific geographic areas of eligibility, including Kuwait.  Effective    30 April 2005, the Global War on Terrorism Expeditionary Medal was no longer authorized for service in Iraq.

	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 to 31 December 2011.  Under no condition will personnel or units receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary 

Medal, the Global War on Terrorism Service Medal, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service.  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)

10.  During the processing of this case, a member of the Board staff contacted the applicant telephonically on 16 October 2014 regarding his choice of award for his service in Iraq, but he did not respond.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Kuwait/Iraq from 6 January 2004 to 7 January 2005.  At the time of his separation, the Army had designated the Global War on Terrorism Expeditionary Medal as the appropriate award for service in Kuwait/Iraq in support of Operation Iraqi Freedom.  The applicant's DD Form 214 correctly listed this award. 

2.  The Iraq Campaign Medal was created in 2005.  Additionally, effective 30 April 2005, the Global War on Terrorism Expeditionary Medal was no longer authorized to be awarded for service in Iraq.  However, a Soldier who qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 30 April 2005 in an area for which the Iraq Campaign Medal was subsequently authorized remained eligible for the Global War on Terrorism Expeditionary Medal because no service member shall be entitled to award of the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal for the same act, achievement or period of service.

3.  Because the applicant has already received the Global War on Terrorism for his service in Kuwait/Iraq, he may not receive the Iraq Campaign Medal for the same period of service.  However, he may reapply to this Board with a written and signed request electing to choose the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal. 




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ___X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _  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)                                         AR20140000398



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ABCMR Record of Proceedings (cont)                                         AR20140000398



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