BOARD DATE:	  25 November 2014

		DOCKET NUMBER:  AR20140006396 


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

2.  The applicant states that all of his awards and his deployment to Iraq are not reflected on his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and awards of the Army Achievement Medal (AAM) and Army Commendation Medal (ARCOM).

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 24 October 2000.  He completed his training as a wheel vehicle mechanic and was transferred to Hunter Army Airfield, Georgia.

3.  He deployed to Kuwait/Iraq during the period 20030119 – 20030731, a period of 6 months and 13 days of foreign service. 

4.  On 20 December 2003 he was honorably released from active duty (REFRAD) in the rank of specialist due to completion of required service.  His  DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Army Service Ribbon, and the Army Lapel Button.  It shows no foreign service in item 12f (Foreign Service) and no deployment information in item 18 (Remarks).

5.  The applicant has provided orders showing he was awarded the AAM on        6 February 2003 and the ARCOM on 31 May 2003.

6.  A review of his official records failed to show any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

7.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

8.  Army Regulation 600-8-22 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.  

9.  Army Regulation 600-8-22 states 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 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.  

10.  Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  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 Iraq Campaign Medal period of eligibility is on or after 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 the:

* 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)

11.   Army Regulation 635-5 at the time served as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the following entry will be made in item 18:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions and supporting documents have been noted and found to have merit.

2.  The applicant was awarded the AAM and ARCOM and served in Kuwait/Iraq during the period 20030119 – 20030731 (6 months and 13 days).  Accordingly, he is entitled to have those awards and his foreign service credit added to his    DD Form 214.

3.  The applicant also served during a qualifying period for award of the Iraq Campaign Medal with two bronze service stars, the GWOTEM, and the GWOTSM, and those awards should also be added to his DD Form 214.

4.  Additionally, the applicant’s records contain no derogatory information that would serve to disqualify him for award of the AGCM (1st Award) for the period 20001024 – 20031023.  Accordingly, it should be awarded at this time and added to his DD Form 214. 



BOARD VOTE:

____x____  ____x____  __x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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:

* Deleting the entry “0000  00  00” from item 12f of his DD Form 214
* Adding the entry “0000  06  13” to item 12f of his DD Form 214
* Awarding him the AGCM (1st Award) for the period 20001024 – 20031023
* Adding the awards of the AAM, ARCOM, AGCM (1st Award), the Iraq Campaign Medal with two bronze service stars, GWOTEM, and GWOTSM to his DD Form 214
* Adding the entry “ Service in Kuwait/Iraq 20030119 – 20030731” to item 18 of 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)                                         AR20140006396





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140006396



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1