IN THE CASE OF:
BOARD DATE: 23 September 2014
DOCKET NUMBER: AR20140002368
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 he be awarded all authorized awards for his tours of duty in Korea and Iraq.
2. The applicant states he served a tour in Korea and Iraq and has not received any of the awards authorized for service in those overseas areas.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 12 October 1982. He completed his one station unit training as a personnel specialist at Fort Jackson, South Carolina and remained on active duty through a series of continuous reenlistments. He was promoted to the pay grade of E-8 on 1 December 2001.
3. He served in Korea from 20011017 20021016 (a period of 1 year), and he served in Iraq during the period 20030228 20030803 (a period of 5 months and 6 days).
4. On 31 January 2004, he was honorably retired by reason of sufficient service for retirement after completing 21 years, 3 months, and 19 days of active service. His DD Form 214 shows he was awarded the:
* Bronze Star Medal
* Meritorious Service Medal (4th Award)
* Army Commendation Medal (4th Award)
* Army Achievement Medal (6th Award)
* Army Good Conduct Medal (7th Award)
* National Defense Service Medal (2nd Award)
* Noncommissioned Officer Professional Development Ribbon (Numeral 3)
* Army Service Ribbon
* Overseas Service Ribbon (3rd Award)
* Air Assault Badge
* Driver and Mechanic Badge
* Army Gold Recruiter Badge with one sapphire achievement star
* Army Basic Recruiter Badge with three gold achievement stars
5. 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 have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. 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.
6. Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom during the period 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)
7. Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
The applicant served during qualifying periods for awards of the GWOTSM, Iraq Campaign Medal with two bronze service stars, and the KDSM. Therefore, he is entitled to the issuance of those awards and correction of his DD Form 214 to show them.
BOARD VOTE:
___X____ ___X____ ___X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 issuing the applicant the GWOTSM, Iraq Campaign Medal with two bronze service stars, and the KDSM and by adding them 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) AR20140002368
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