IN THE CASE OF:
BOARD DATE: 28 August 2014
DOCKET NUMBER: AR20140000931
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, that the awards of the Global War on Terrorism Service Medal (GWOTSM) and Iraq Campaign Medal (ICM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states the two awards are not reflected on his DD Form 214.
3. The applicant provides an incomplete 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 5 July 2000 for a period of 3 years and training as a heavy wheeled vehicle mechanic. He completed his training and deployed to Iraq/Kuwait during the period 20030322 20030817, a period of 4 months and 25 days of foreign service.
3. In November 2003, he was honorably released from active duty (REFRAD) at Fort Drum, New York and his DD Form 214 shows no foreign service in item 12f. It does show that he was awarded the Army Commendation Medal, Army Achievement Medal, National Defense Service Medal, Army Service Ribbon, and his marksmanship badges.
4. A review of the available records failed to show any derogatory information or action by the commander to disqualify the applicant for award of the Army Good Conduct Medal (AGCM).
5. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have 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. Approved campaigns include:
* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
6. Army Regulation 600-8-22 states 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 designated for award of the Global War on Terrorism Expeditionary Medal, 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.
7. Army Regulation 600-8-22 states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is
3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service. Although there is no automatic entitlement to the AGCM, disqualification must be justified.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, 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 and provides all foreign service performed during the period covered by the DD Form 214 will be entered in item 12f.
DISCUSSION AND CONCLUSIONS:
1. The applicant served 4 months and 25 days of foreign service in Iraq/Kuwait and is entitled to have that service entered in item 12f of his DD Form 214.
2. He also served during qualifying periods for awards of the ICM with two bronze service stars and the GWOTSM. Accordingly, they should be added to his DD Form 214 at this time.
3. The applicants records contain no derogatory information and no action by the commander to disqualify him for award of the AGCM. Accordingly, he should be awarded the AGCM (1st Award) for the period 5 July 2000 to 4 July 2003.
BOARD VOTE:
____X____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* Deleting the entry 0000 00 00 from item 12f of his DD Form 214
* Entering the entry 0000 04 25 to item 12f of his DD Form 214
* Adding the awards of the AGCM (1st Award), GWOTSM and ICM with two bronze service stars to his DD Form 214
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20140000931
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140000931
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140000931
The applicant requests, in effect, that the awards of the Global War on Terrorism Service Medal (GWOTSM) and Iraq Campaign Medal (ICM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). The applicant served 4 months and 25 days of foreign service in Iraq/Kuwait and is entitled to have that service entered in item 12f of his DD Form 214. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of...
ARMY | BCMR | CY2013 | 20130000754
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: * in item 12f (Foreign Service) to show credit for service from 5 February to 6 June 2003 * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) to show award of the Army Commendation Medal (ARCOM), Iraq Campaign Medal (ICM), and any additional awards * in item 18 (Remarks) to show service in Iraq from 20 March to May 2003 2. The...
ARMY | BCMR | CY2013 | 20130011712
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Achievement Medal (AAM) (2nd Award), Korea Defense Service Medal (KDSM), Iraq Campaign Medal (ICM), Valorous Unit Award (VUA), and Army Good Conduct Medal (AGCM) and her deployment to Iraq. Therefore, as a matter of equity she should be awarded the AGCM (1st Award) for the period 19 July 2001-18 July 2004 and it should be added to her DD Form 214. The...
ARMY | BCMR | CY2013 | 20130006389
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award or authorization to wear the: * Army Good Conduct Medal (AGCM) * Iraq Campaign Medal (ICM) * Global War on Terrorism Expeditionary Medal (GWOTEM) * Global War on Terrorism Service Medal (GWOTSM) * Overseas Service Ribbon (OSR) * Overseas Service Bar (OSB) * Combat Action Badge (CAB) 2. The DD Form 214 he was issued at the time of his REFRAD shows in: a. item 12f (Foreign...
ARMY | BCMR | CY2010 | 20100020964
The applicant states that he went to war from October 2006 to December 2007 and he desires his records to reflect that service. Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Service Medal (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 Global War on Terrorism Expeditionary Medal, Afghanistan Campaign...
ARMY | BCMR | CY2013 | 20130006190
Application for correction of military records (with supporting documents provided, if any). He submitted a certificate which shows Permanent Orders Number 187-061, issued by the Commander, 7th Transportation Group, dated 6 July 2003, awarded him the Army Commendation Medal for meritorious service throughout Operation Iraqi Freedom during the period 14 February to 30 May 2003. Evidence shows the applicant served in support of Operation Iraqi Freedom during the period 14 February 2003 to 30...
ARMY | BCMR | CY2014 | 20140006396
The applicant provides copies of his DD Form 214 and awards of the Army Achievement Medal (AAM) and Army Commendation Medal (ARCOM). The applicant also served during a qualifying period for award of the Iraq Campaign Medal with two bronze service stars, the GWOTEM, and the GWOTSM, and those awards should also be added to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Deleting the entry 0000 00 00...
ARMY | BCMR | CY2012 | 20120007431
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the: * Global War on Terrorism Service Medal (GWOTSM) * Iraq Campaign Medal (ICM) 2. The applicant requests correction of his DD Form 214 to show award of the GWOTSM and ICM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending the entry in item 12f of his DD Form 214 to read "0000 03...
ARMY | BCMR | CY2008 | 20080017457
Thus, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 23 March 1999 through 22 March 2002, and to add this award to Item 13 of his DD Form 214. Furthermore, the evidence of record confirms that based on the applicants active duty service on and after 11 September 2001, and his service in Iraq in support of OIF he is also entitled to the GWOTSM and the ICM with 2 bronze service stars. As a result, the Board recommends that all...
ARMY | BCMR | CY2012 | 20120021800
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Iraq Campaign Medal (ICM). The available evidence shows he served a period of qualifying service for award of the ICM with two bronze service stars and GWOTSM.