IN THE CASE OF:	  

		BOARD DATE:	  6 November 2014

		DOCKET NUMBER:  AR20140004283 


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, correction of his 2005 DD Forms 214 (Certificate of Release or Discharge from Active Duty) to show all of his authorized awards.

2.  The applicant states that after he was released from active duty (REFRAD), on 17 March 2005, the Iraq Campaign Medal (ICM) and the Overseas Service Ribbon (OSR) were authorized for retroactive award during the period of his active duty service.

3.  The applicant provides copies of three assignment orders, two award documents, and two DD Forms 214 that were issued in 2005.

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 Army National Guard of the United States and Louisiana Army National Guard (LAARNG) on 12 September 2000 for a period of 8 years.

3.  A DD Form 214 shows he was ordered to active duty for training (ADT) on 
31 July 2001, honorably released from ADT on 10 May 2003, and transferred to a LAARNG unit.  He had completed 1 year, 9 months, and 10 days of net active service this period and he was awarded military occupational specialty (MOS) 97L (Translator/Interpreter).  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the –

* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Army Lapel Button

4.  A DA Form 638 (Recommendation for Award) and DA Form 4980-14 (Army Commendation Medal Certificate) show Headquarters, 39th Infantry Brigade Combat Team (BCT), Iraq, Permanent Order Number 015-17, dated 15 January 2005, awarded the applicant the Army Commendation Medal for meritorious service from 8 April to 27 October 2004.

5.  A DD Form 214 shows he was ordered to active duty in support of Operation Iraqi Freedom (OIF) on 7 December 2003 and honorably REFRAD on 17 March 2005.  He had completed 1 year, 3 months, and 11 days of net active service this period that included 11 months and 20 days of foreign service.

   a.  It also shows in item 13 the –

* Army Commendation Medal
* Army Lapel Button
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Global War on Terrorism Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
* Louisiana War Cross

	b.  item 18 (Remarks) shows he served in Iraq from 19 February 2004 to 
9 February 2005.



6.  A DD Form 214 shows he was ordered to active duty for special work on 
5 September 2005 and honorably REFRAD for special work on 31 December 2005.  He had completed 3 months and 27 days of net active service this period.  It also shows in item 13 the –

* Army Reserve Components Achievement Medal
* National Defense Service Medal
* Armed Forces Service Medal
* Humanitarian Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Global War on Terrorism Service Medal
* Army Lapel Button
* Louisiana Emergency Service Ribbon
* Louisiana General Excellence Medal
* Louisiana Longevity Ribbon

7.  In support of his request the applicant provides, in part, Headquarters, 239th Military Intelligence (MI) Company, Camp Taji, Iraq, memorandum, dated 
20 January 2005, subject:  Award of the ICM, that shows the applicant was authorized award of the ICM in lieu of the GWOTEM.

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  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 (GWOT) 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 50 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.

	b.  The ICM is authorized for award to members of the Armed Forces of the United States who served in direct support of OIF.  The AOE encompasses all land area of the country of Iraq and 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.

	 	(1)  The ICM period of eligibility is on or after 19 March 2003 to 31 December 2011 (the cessation of OIF).

		(2)  A bronze service star is authorized with this service medal for each Iraq campaign a member is credited with participating in.  During the applicant's period of service in Iraq, participation credit was awarded for the following two campaigns:

* Transition of Iraq (2 May 2003 - 28 June 2004)
* Iraqi Governance (29 June 2004 - 15 December 2005)

   c.  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.

	d.  The OSR was established by the Secretary of the Army on 10 April 1981.

	 	(1)  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.

	 	(2)  According to the U.S. Army Human Resources Command, Awards and Decorations Branch, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 continuous months in Iraq or Afghanistan receive credit for a completed short tour.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, his DD Forms 214 should be corrected to show all of his authorized awards and decorations.

2.  The evidence of record shows the applicant's service in support of OIF in Iraq from 19 February 2004 through 9 February 2005 qualified him for award of the GWOTEM.  This service also qualified him for award of the ICM in lieu of the GWOTEM.

	a.  The applicant provided evidence that he was authorized the ICM in lieu of the GWOTEM and he indicated in his application to this Board his desire for award of the ICM.  Thus, he should be awarded the ICM in lieu of the GWOTEM.  

   b.  Records show the applicant served in Iraq during the Transition of Iraq and Iraqi Governance campaigns.
   c.  Therefore, it would be appropriate to correct his 2005 DD Forms 214 to show award of the ICM with two bronze service stars. 

3.  The evidence of record shows the applicant qualified for and was authorized award of the OSR for completing an overseas tour in support of OIF.  Thus, he is entitled to correction of his 2005 DD Forms 214 to show the OSR.

4.  Permanent orders awarded the applicant the Army Commendation Medal for the period 8 April to 27 October 2004 and the award is recorded on his 
17 March 2005 DD Form 214.  However, his 31 December 2005 DD Form 214 does not show the award.

5.  The applicant was authorized the Armed Forces Reserve Medal with "M" Device for his service in support of OIF and the award is recorded on his 
17 March 2005 DD Form 214.  However, his 31 December 2005 DD Form 214 does not show the award.

6.  Therefore, it would be appropriate to correct the applicant's DD Forms 214 that were issued in 2005 to show his awards, as recommended below.

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:

a. amending item 13 of his 17 March 2005 DD Form 214 by –

* deleting the "Global War on Terrorism Expeditionary Medal"
* adding the –

* Iraq Campaign Medal with two bronze service stars
* Overseas Service Ribbon
	b.  amending item 13 of his 31 December 2005 DD Form 214 by adding the –

* Army Commendation Medal
* Iraq Campaign Medal with two bronze service stars
* Armed Forces Reserve Medal with "M" Device
* Overseas Service Ribbon




      _______ _   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)                                         AR20140004283



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ABCMR Record of Proceedings (cont)                                         AR20140004283



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