IN THE CASE OF:  	  

		BOARD DATE:  4 December 2014	  

		DOCKET NUMBER:  AR20140006990 


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 records to show all of his authorized awards.

2.  The applicant states he served with the 353rd Transportation Company in Iraq.  He retired from the U.S. Army Reserve (USAR) in 2007 and was told in June 2012 that he is entitled to the Armed Forces Expeditionary Medal (AFEM) (2nd Award), Iraq Campaign Medal (ICM) with three bronze service stars, Global War on Terrorism Expeditionary Medal (GWOTEM), Global War on Terrorism Service Medal (GWOTSM), and Meritorious Unit Commendation (2nd Award).

3.  The applicant provides copies of two DD Forms 214 (Certificate of Release or Discharge from Active Duty) and his unit's Meritorious Unit Commendation (MUC) award documents.

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 USAR on 28 May 1986.  He was awarded military occupational specialty 88M (Motor Transport Operator).  Through a series of reenlistments, he continued to serve in the USAR.  He was promoted to the rank/grade of staff sergeant/E-6 on 1 December 2004.

3.  A DD Form 214 shows he was ordered to active duty (OAD) on 17 November 1991 in support of Operation Desert Shield/Storm (ODS) and assigned to the 542nd Transportation Company.  On 25 July 1991, he was honorably released from active duty (REFRAD) and transferred to Headquarters, 88th Army Reserve Command, Fort Snelling, MN.  He had completed 8 months and 9 days of net active duty service during this period.  It also shows in –

* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) –

* Army Service Ribbon
* National Defense Service Medal
* Southwest Asia Service Medal
* Army Commendation Medal
* Army Lapel Button
* Driver and Mechanic Badge with Driver "W" (Wheeled Vehicle) Component Bar

* item 18 (Remarks):  Service in Southwest Asia (SWA) from 27 December 1990 to 28 June 1991

4.  A DD Form 214 shows he was OAD on 10 February 2003 in support of Operation Enduring Freedom (OEF) and assigned to the 353rd Transportation Company.  On 21 January 2004, he was honorably REFRAD after completing 11 months and 12 days of net active duty service during this period.  It also shows in –

* item 13 –

* Army Commendation Medal
* Army Reserve Components Achievement Medal (2nd Award)
* National Defense Service Medal (2nd Award)
* Armed Forces Expeditionary Medal
* Southwest Asia Service Medal
* Armed Forces Reserve Medal with "M" Device (2nd Award)
* NCO (Noncommissioned Officer) Professional Development Ribbon
* Army Service Ribbon
* Army Reserve Components Overseas Training Ribbon
* Driver and Mechanic Badge with Driver "W" Component Bar

* item 18 (Remarks):  Service in Iraq from 10 February 2003 to 21 January 2004

5.  On 28 June 2007, the applicant was issued his Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter).

6.  Headquarters, 89th Regional Readiness Command, Wichita, KS,
Orders 08-057-00077, dated 26 February 2008, reassigned him to the USAR Control Group (Retired Reserve), effective 26 March 2008.

7.  A review of his military personnel records failed to reveal evidence that he was awarded the –

* AFEM (2nd Award)
* Kuwait Liberation Medal (Government of Kuwait)
* Kuwait Liberation Medal (Kingdom of Saudi Arabia)
* GWOTEM
* GWOTSM
* MUC

8.  In the processing of his request, a member of the ABCMR staff contacted the applicant and requested additional information/clarification of his request for awards based on his overseas deployments.  In response, he indicated that he deployed twice to Iraq (i.e., during ODS and OIF) and once to Guatemala on an overseas training exercise.  He also stated that he preferred the ICM in lieu of the GWOTEM for his service in support of OIF.

9.  Headquarters, Department of the Army, General Orders (DAGO) Number 27, dated 27 December 1994, awarded the 542nd Transportation Company the MUC for meritorious service in military operations from 24 December 1990 to 4 July 1991.

10.  Headquarters, DAGO Number 3, dated 6 November 2007, awarded the 
49th Quartermaster Group, including the 353rd Transportation Company, the MUC for meritorious service in military operations from 10 January 2003 to 
25 September 2003.

11.  A review of his military personnel records reveals he may be authorized additional awards that are not shown on his DD Forms 214.

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

   a.  The Southwest Asia Service Medal was awarded to members of the Armed Forces of the United States who participated in ODS in the designated area on or after 2 August 1990 to 30 November 1995.

		(1)  A bronze service star is authorized for wear with this service medal for participation in each credited campaign.

		(2)  Table B-1 contains a list of Persian Gulf War campaigns and shows that during the applicant's service in SWA, participation credit was awarded for the following campaigns –

* Defense of Saudi Arabia (2 August 1990-16 January 1991)
* Liberation and Defense of Kuwait (17 January-11 April 1991)
* Southwest Asia Cease-Fire (12 April 1991-30 November 1995)

	b.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and was awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.

	c.  The Kuwait Liberation Medal awarded by the Government of Kuwait was approved on 9 November 1995 and was awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

	d.  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.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the AOE.


	e.  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 for wear 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)

   f.  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.

	g.  The 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 (ACM), 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 or 60 nonconsecutive days are authorized the GWOTSM.  

	h.  The Overseas Service Ribbon is authorized for award to all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status for successful completion of overseas tours.  According to the Awards and Decorations Branch at U.S. Army Human Resources Command, 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 months continuous in Iraq or Afghanistan get credit for a completed short tour.


	i.  The AFEM is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  A review of Table 2-2 (AFEM – Designated U.S. Military Operations) and Table 2-3 (AFEM – Designated U.S. Military Operations in Direct Support of the United Nations) failed to show that the AFEM is authorized for service in SWA (Iraq) in support of ODS or OIF during the two periods of service under review.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show all of his authorized awards.

2.  Records show he was OAD and served overseas in SWA in support of ODS from 27 December 1990 to 28 June 1991.  

3.  His DD Form 214 shows he was OAD on 10 February 2003, he served overseas in Iraq in support of OIF from 10 February 2003 to 21 January 2004, and he was REFRAD on 21 January 2004.  However, it is reasonable to conclude that the applicant deployed with his unit to Kuwait on 10 February 2003, prior to entering Iraq at the start of OIF on 19 March 2003.

4.  The evidence of record shows:

   a.  he qualified for award of the SWASM and he participated in three campaigns during his service in SWA.  Thus, he is entitled to three bronze service stars for wear on his previously-awarded SWASM;

   b.  he qualified for award of the Kuwait Liberation Medal-Saudi Arabia and Kuwait Liberation Medal-Kuwait;

   c.  his service in Kuwait from 10 February to 18 March 2003 qualified him for award of the GWOTEM;
   
   d.  his service in Iraq qualified him for award of the ICM;

	 	(1)  Records show the applicant served in Iraq during the Liberation of Iraq and Transition of Iraq campaigns.
    
   	(2)  Thus, he is entitled to two bronze service stars for wear on his previously-awarded ICM.

   e.  he qualified for award of the Overseas Service Ribbon based on his
11 months and 12 days service in support of OIF in Iraq; and

   f.  general orders awarded the applicant's units the MUC (2nd Award).

5.  For award of the GWOTSM, a Soldier must serve 30 consecutive days or     60 nonconsecutive days on active duty in support of GWOT operations outside of the AOE designated for award of the GWOTEM, Afghanistan Campaign Medal (ACM), or ICM.  The evidence of record; specifically, his DD Form 214, shows his entrance on active duty and separation dates coincide identically with his service dates in Kuwait/Iraq.  Unfortunately, since his DD Form 214 does not delineate his pre or post-deployment service in the continental United States, there is no way to determine whether or not he met the established 30 consecutive day or 60 nonconsecutive day criteria for award of the GWOTSM.  

6.  There is no evidence of record that shows the applicant qualified for a second award of the AFEM.

7.  In view of all of the foregoing, it would be appropriate to correct his 
DD Forms 214 to show his awards and decorations, as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X___  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
   
   a.  deleting from item 13 of his 25 Jul 1991 DD Form 214 the "Southwest Asia Service Medal";

	b.  adding the following awards to item 13 of his 25 July 1991 DD Form 214 –

* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal-Saudi Arabia
* Kuwait Liberation Medal-Kuwait
* Meritorious Unit Commendation

   c.  deleting from item 13 of his 21 January 2004 DD Form 214 the "Southwest Asia Service Medal"; and

   d.  adding the following awards to item 13 of his 25 July 1991 DD Form 214 –

* Southwest Asia Service Medal with three bronze service stars
* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Expeditionary Medal
* Overseas Service Ribbon
* Kuwait Liberation Medal-Saudi Arabia
* Kuwait Liberation Medal-Kuwait
* Meritorious Unit Commendation (2nd Award)
	
2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his record to show he was awarded the Global War on Terrorism Service Medal, the Iraq Campaign Medal with three bronze service stars, and a second award of the Armed Forces Expeditionary Medal.




      __________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)                                         AR20140006990



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ABCMR Record of Proceedings (cont)                                         AR20140006990



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