BOARD DATE:	  4 November 2014

		DOCKET NUMBER:  AR20140004988 


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 award of the Global War on Terrorism Expeditionary Medal (GWOTEM) based on his 2003-2004 tour in Iraq, and the Overseas Service Ribbon (OSR) for his multiple tours in Iraq.  

2.  The applicant states:

* he's not requesting rescission of the Iraq Campaign Medal (ICM) because he earned this medal for his second and third Iraq tours
* he believes he is entitled to these ribbons
* he believes he is entitled to both award of the GWOTEM and ICM

3.  The applicant provides 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 10 June 2002 and was honorably released from active duty on 13 February 2008.  The DD Form 214 issued for this period shows in:

	a.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), award of the ICM and no entry for award of the OSR or GWOTEM.

	b.  item 18 (Remarks), he served in Iraq during the following periods:

		(1)  22 December 2003 to 26 March 2004;

		(2)  19 June 2004 to 15 June 2005; and

		(3)  15 August 2006 to 20 October 2007.

3.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	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 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 fifty 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.  Effective 30 April 2005, the GWOTEM was no longer authorized to be awarded for service in Afghanistan and/or Iraq.  Soldiers are only authorized award of the Afghanistan and ICM after this date.

   b.  The ICM is awarded to members who 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 ICM period of eligibility is on or after 19 March 2003 to 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns are:

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

* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010)
* New Dawn (1 September 2010-31 December 2011)

	c.  Service members who 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.  According to the U.S. Army Human Resources Command Awards 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.  Rules 6 and 8 of Army Regulation 614-30 (Overseas Service), table 3-2, apply.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was deployed to Iraq in support of Operation Iraqi Freedom from:

* 22 December 2003 to 26 March 2004 (a period of 3 months and 5 days)
* 19 June 2004 to 15 June 2005 (a period of 11 months and 26 days)
* 15 August 2006 to 20 October 2007 (a period of 1 year, 2 months, and 5 days)

2.  Service members qualified for the GWOTEM by reasons of service before 30 April 2005 in Iraq.  Therefore, he is eligible for award of the GWOTEM for his service in Iraq for the period 22 December 2003 to 26 March 2004 and correction of his DD Form 214 to show this medal.

3.  Based on his service in Iraq from 19 June 2004 to 15 June 2005 and 15 August 2006 to 20 October 2007, he is eligible for four bronze service stars for wear on his already-awarded ICM.

4.  He completed sufficient service in Iraq to receive credit for completion of two short tours.  Therefore, he is eligible for two awards of the OSR and correction of his DD Form to show this ribbon.

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 the DD Form 214 of the individual concerned be corrected by:

	a.  amending item 13 by deleting award of the ICM; and

	b.  amending item 13 by adding award of the GWOTEM, ICM with four bronze service stars, and OSR with Numeral "2."




      __________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)                                         AR20140004988





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