IN THE CASE OF:	  

		BOARD DATE:	  12 November 2014

		DOCKET NUMBER:  AR20140004578 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all of his authorized awards.

2.  The applicant states he was authorized the Iraq Campaign Medal (ICM) with two bronze service stars, awarded the Combat Action Badge (CAB), and his unit was cited for award of the Presidential Unit Citation (PUC) (Army).  However, all of these award actions occurred after he was issued his DD Form 214.  The
3rd Infantry Division was cited for the PUC (Army) and his unit, the 
459th Engineer Company, was included as one of the assigned or attached units.

3.  The applicant provides copies of his CAB award orders and 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 U.S. Army Reserve on 3 February 1999 for a period of 8 years.  Upon completion of training, he was awarded military occupational specialty 21C (Bridge Crewmember).

3.  He was ordered to active duty (OAD) at Bridgeport, WV, on 16 January 2003.

4.  A DA Form 2166-8 (NCO (Noncommissioned Officer) Evaluation Report), for the period April 2002 through March 2003, shows the applicant was assigned to the 459th Engineer Company, Detachment 1 (Multirole Bridge Company),
99th Regional Support Command.  Part IV (Values/NCO Responsibilities), shows the Rater entered the following pertinent comments –

* block b (Competence):  "displayed competency during Operations Enduring and Iraqi Freedom"
* block e (Training):  "designated to the company, sharing knowledge of NBC (Nuclear, Biological, and Chemical) tasks before and during combat operations in Iraq"

5.  A DD Form 214 shows he was honorably released from active duty (REFRAD) at Fort Dix, NJ, on 29 March 2004, and transferred to Detachment 2, 459th Engineer Company, Bridgeport, WV.  He had completed 1 year, 2 months, and 14 days of net active service this period that included foreign service in Kuwait and Iraq from 13 February 2003 to 15 February 2004.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the –

* Army Commendation Medal
* PUC (Navy-Marine Corps)
* Army Reserve Components Achievement Medal
* National Defense Service Medal
* Armed Forces Reserve Medal with "M" Device
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Driver and Mechanic Badge with Driver – W (Wheeled Vehicle) Bar

6.  In support of his request the applicant provides a copy of Headquarters, 
99th Regional Readiness Command, Coraopolis, PA, Permanent Order 25-209, dated 25 January 2006, that awarded him the CAB for engagement with or by the enemy while in combat on 7 April 2003.

8.  A review of the U.S. Army Human Resources Command (HRC), Awards and Decorations Branch, "Approved Unit Awards" listing shows that Headquarters and Headquarters Company, 3rd Infantry Division, and assigned or attached units, including the 459th Engineer Company, was cited for award of the PUC (Army) for the period 19 March 2003 to 1 May 2003 in Department of the Army General Orders Number 2010-22, dated 24 November 2010.

9.  A review of the applicant's military personnel records reveals he may be entitled to additional awards that are not shown on his DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.
	 
	a.  The Global War on Terrorism Expeditionary Medal (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 Operation Iraqi Freedom.  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:

* Liberation of Iraq (19 March 2003 - 1 May 2003)
* Transition of Iraq (2 May 2003 - 28 June 2004)

	c.  The Overseas Service Ribbon (OSR) is awarded for successful completion of overseas tours.  According to the HRC 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.

	d.  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 GWOT operations outside of the AOE designated for award of the GWOTEM, Afghanistan Campaign Medal, or ICM.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, 
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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show all of his authorized awards and decorations.

2.  Records show the applicant served in Kuwait and Iraq from 13 February 2003 to 15 February 2004.

   a.  The evidence of record shows the applicant qualified for award of the GWOTEM for his service in Kuwait/Iraq during the period 13 February through 
18 March 2003.  Thus, he is entitled to award of the GWOTEM for this period of foreign service.

   b.  The evidence of record also shows he qualified for award of the ICM and he participated in two campaigns during his service in Iraq from 19 March 2003 to 15 February 2004.  Thus, he is entitled to award of the ICM with two bronze service stars.

3.  Permanent orders awarded the applicant the CAB on 7 April 2003.

4.  General orders awarded the applicant's unit the PUC (Army) for the period 
19 March to 1 May 2003.

5.  The evidence of record shows the applicant:

   a.  Was OAD on 16 January 2003 and deployed to Kuwait on 13 February 2003 (i.e., this represents a period of 28 days).

   b.  Departed the AOE on 15 February 2004 and was REFRAD on 29 March 2004 (i.e., this represents a period of 53 days).

   c.  Served a total of 81 nonconsecutive dates outside of the AOE designated for award of the GWOTEM.

   d.  Thus, the evidence of record shows he is authorized the GWOTSM.
6.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, 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 amending item 13 of his 29 March 2004 DD Form 214 by adding the –

* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with two bronze service stars
* Presidential Unit Citation (Army)
* Combat Action Badge



      _______ _   __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)                                         AR20140004578



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ABCMR Record of Proceedings (cont)                                         AR20140004578



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