BOARD DATE:	  22 October 2014

		DOCKET NUMBER:  AR20140001474 


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:

   a.  his correct Afghanistan and Iraq deployment dates;
   
   b.  he was awarded or authorized the Global War on Terrorism Expeditionary Medal (GWOTEM), Combat Action Badge (CAB), Afghanistan Campaign Medal (ACM), and Iraq Campaign Medal (ICM).

2.  The applicant states:

	a.  his DD Form 214 lists his deployment dates to Iraq as his Afghanistan deployment dates, and does not list his service in Iraq at all;

   b.  he served in support of Operation Enduring Freedom (OEF) from August 2002 to January 2003;
   
   c.  he should have the GWOTEM, CAB, ACM, and ICM; and
   
   d.  he completed his enlistment half way (6 months) through his deployment and believes the Rear Detachment quickly out-processed him from military service.
   
3.  The applicant provides his DD Form 214 and a copy of his Service Member Deployment History Out-processing Verification Report (PERSTEMPO).
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 requests award of the CAB; however, there are no orders or other evidence on file in his Official Military Personnel File (OMPF) that confirm his entitlement to this award.  The implementation instructions for the CAB specify that requests for retroactive award of the CAB must be forwarded to the Commander General, United States Army Human Resources Command, ATTN: AHRC-PD-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  

3.  Members not on active duty or in an active status may make their requests for the CAB by letter.  The applicant has been notified by separate correspondence of the CAB application procedures and documentation requirements.  As a result, his request for award of the CAB will not be discussed further in this Record of Proceedings.

4.  The applicant initially enlisted in the Massachusetts Army National Guard on 24 April 1999.  He was honorably discharged on 15 January 2001 for the purpose of enlisting in the active component.

5.  On 16 January 2001, he enlisted in the Regular Army.  He was trained in and served in military occupational specialty 13F (Fire Support Specialist).

6.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) does not include any foreign service entries.  His OMPF contains a certificate that shows he was awarded the Army Commendation Medal for meritorious service in support of OEF from 7 August 2002 to 14 January 2003.

7.  On 15 January 2004, he was released from active duty after completing         3 years service, including 1 month and 26 days of foreign service.  The            DD Form 214 he was issued does not include the GWOTEM, ACM, or ICM among its list of awards.  Item 18 (Remarks) includes the entry "SERVICE IN OPERATION ENDURING FREEDOM (AFGHANISTAN) FROM 20030906 TO 20031101."

8.  Defense Finance and Accounting Service (DFAS) records show he received hostile fire pay and imminent danger pay for service in Kuwait during the period  9 August 2002 through “29 October 2003.”  The deployment period shown on the DFAS document is most likely an error and should actually reflect a through date of 20 January 2003.

9.  The applicant provides his PERSTEMPO Service Member Deployment History Out-Processing Verification Report, dated 10 December 2003.  It includes entries that show he served in Afghanistan from 8 August 2002 through             20 January 2003 and in Iraq, in support of Operation Iraqi Freedom, from            6 September through 1 November 2003.

10.  On 9 October 2014, a staff member of the Board informed him by email that he qualified for either the GWOTEM or ACM for his service in Afghanistan and the GWOTEM or ICM for his service Iraq.  He was informed that no Soldier would be entitled to both awards for the same act, achievement, or period of service and given the option to choose his preferred award within 5 business days.  He did not reply.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.

	a.  Paragraph 2-16 states the ACM is authorized for 30 consecutive or 60 nonconsecutive days of service in Afghanistan on or after 24 October 2001, to a future date to be determined by the Secretary of Defense. A bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the Afghanistan.  A bronze service star was authorized with the ACM for participation in the Consolidation I campaign during the period 1 December 2001-30 September 2006.

	b.  Paragraph 2-17 states the ICM is awarded for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to 31 December 2011.

	c.  Service members qualified for the GWOTEM by reason of service in Afghanistan and Iraq between 24 October 2001/19 March 2003 and 30 April 2005 may be awarded the ACM or ICM in lieu of the GWOTEM for such service. No Soldier shall be entitled to both medals for the same act, achievement or period of service.  A bronze service star was authorized for wear with the ICM for participation in the Transition of Iraq campaign during the period 2 May 2003 – 28 June 2004.
	d.  Paragraph 2-18 contains guidance for award of the GWOTEM.  This award is authorized 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.  Service must have been for at least 30 consecutive or 60 nonconsecutive days and in support of OEF or Operation Iraqi Freedom.

	e.  Paragraph 2-19 contains guidance for award of the GWOTSM.  This award is authorized to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the designated areas of eligibility for award of the GWOTEM on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty having served 30 consecutive or 60 nonconsecutive days, are authorized award of the GWOTSM.

12.  Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  It states for:

	a.  item 12f (Foreign Service), enter the total amount of foreign service completed during the period covered by the DD Form 214;

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), enter all awards and decorations for all periods of service and each entry will be verified by the Soldier's records; and

	c.  item 18 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's PERSTEMPO Deployment History confirms he completed      5 months and 13 days of foreign service in Afghanistan from 8 August 2002 to 20 January 2003.  It also confirms he completed 1 month and 26 days of foreign service in Iraq.  His period of service in Iraq, from 6 September to 1 November 2003, seems to be reflected in item 12f of his DD Form 214; however, item 18 of his DD Form 214 incorrectly attributes this foreign service to Afghanistan.
Therefore, his DD Form 214 should be amended by:
   
   a.  in item 12f - deleting the current entry and replacing it with the entry
"0000 07 09" to reflect the 7 months and 9 days of total foreign service he completed; and

	b.  in item 18 – deleting the entry "SERVICE IN OPERATION ENDURING FREEDOM (AFGHANISTAN) FROM 20030906 TO 20031101" and adding the entries:

* "SERVICE IN OPERATION ENDURING FREEDOM (AFGHANISTAN) FROM 20020808 – 20030120"
* "SERVICE IN OPERATION IRAQI FREEDOM (IRAQ) FROM 20030906 - 20031101"

2.  Based on his two deployments to Afghanistan and Iraq totaling over 30 days each, and more than 30 consecutive days performed outside an area authorized award of the GWOTEM, he is authorized the ACM, ICM, and GWOTSM and his DD Form 214 should be corrected to show these awards.

3.  In respect to his request for the GWOTEM, he could have elected the GWOTEM in place of the ACM or ICM for either of his deployments, to the respective locations for which these awards are authorized, but he did not.  By regulation, no Soldier is entitled to both awards for the same act, achievement, or period of service and he did not indicate his preferred award.  Therefore, he is  not authorized the GWOTEM.  In the event he desires the GWOTEM instead of the ICM or ACM, he can submit an application to this Board and indicate his preferred 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 amending his DD Form 214 by:

	a.  deleting the current entry from item 12f and replacing it with the entry "0000 07 09;"

	b.  adding the Afghanistan Campaign Medal with one bronze service star, Iraq Campaign Medal with one bronze service star, and the Global War on Terrorism Service Medal to item 13; and

	c.  deleting in item 18 the entry "SERVICE IN OPERATION ENDURING FREEDOM (AFGHANISTAN) FROM 20030906 TO 20031101" and adding the entries:

* "SERVICE IN OPERATION ENDURING FREEDOM (AFGHANISTAN) FROM 20020808 – 20030120"
* "SERVICE IN OPERATION IRAQI FREEDOM (IRAQ) FROM 20030906 - 20031101"

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 Global War on Terrorism Expeditionary Medal 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)                                         AR20140001474





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