BOARD DATE:	  8 January 2015

		DOCKET NUMBER:  AR20140009240 


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 the following awards:

* National Defense Service Medal (NDSM) (3rd Award)
* Iraq Campaign Medal (ICM)
* Global War on Terrorism Service Medal (GWOTSM)
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* all authorized unit awards

2.  The applicant states the awards were not recorded on his DD Form 214 due to an administrative error.  He was assigned to the 571st Medical Company (Air Ambulance) which was attached to the 3rd Armored Cavalry Regiment.

3.  The applicant provides his DD Form 214 for the period ending 30 November 2003; Headquarters, 3rd Armored Cavalry Regiment, memorandum, dated 12 September 2003, subject:  Operation Iraqi Freedom (OIF) Deployment/Redeployment Verification, with personnel roster; temporary change of station orders with unit roster; and a personnel aircraft manifest.

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 5 September 1990.  On 30 August 1995, he was discharged for the purpose of accepting an appointment as a warrant officer.  His DD Form 214 for this period shows the NDSM among other awards.

3.  He was appointed as a Reserve warrant officer on 31 August 1995 and he entered active duty on the same date.

4.  His Officer Record Brief shows he was assigned to the 571st Medical Company (Air Ambulance) from 11 June 2002 to 20 May 2003.

5.  He was released from active duty on 30 November 2003.  His DD Form 214 for this period shows the NDSM (2nd Award) among other awards.  His DD Form 214 also shows he served in Iraq from 1 April to 1 May 2003 (31 days). 
His DD Form 214 for this period does not show awards authorized for service in support of the Global War on Terrorism or awards authorized for service in Iraq.

6.  U.S. Army Human Resources Command Permanent Orders 038-22, dated 7 February 2012, awarded the Valorous Unit Award (VUA) to the 3rd Armored Cavalry Regiment and its subordinate units, which includes the 571st Medical Company, for service during the period 25 April to 18 September 2003.

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

	a.  The NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  Second and subsequent awards of the NDSM are denoted by a bronze service star affixed to the NDSM.

	b.  The GWOTSM is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the GWOTEM, Afghanistan Campaign Medal, or ICM.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined, having served 30 consecutive or 60 nonconsecutive days, are authorized award of the GWOTSM.

	c.  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 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.  Army Regulation 600-8-22 further states 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.

	d.  The ICM is awarded to members of the Armed Forces of the United States who served in direct support of OIF.  The AOE 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 through 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)

	e.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms he served in Iraq from 1 April to 1 May 2003. 
Therefore, he is authorized award of the ICM with one bronze service star and correction of his DD Form 214 to show this award.

2.  Based on his active duty service after 11 September 2001, he is authorized the GWOTSM and correction of his DD Form 214 to show this award.

3.  Permanent orders show the 571st Medical Company was awarded the VUA during a period the applicant was assigned to this unit.  Therefore, this unit award should be added to his DD Form 214.

4.  He served on active duty from 5 September 1990 to 30 August 1995 and he is authorized the NDSM for service during this period.  He was also serving on active duty during the period 11 September 2001 to 30 November 2003 and he is authorized the second award of the NDSM based on this service.  However, there is no basis to correct his DD Form 214 to show a third award of the NDSM.

5.  The applicant also requested correction of his DD Form 214 to show award of the GWOTEM.  Based on his service in Iraq from 1 April to 1 May 2003, he is authorized this award.  However, he is being awarded the ICM with one bronze service star for this period of service.  In accordance with the governing regulation, he is not authorized the GWOTEM for the same period of service.  As a result, there is no basis to correct his DD Form 214 to show award of the GWOTEM.  In the event that he desires award of the GWOTEM in lieu of the ICM with one bronze service star, he can submit an application to this Board indicating his preferred award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 adding to his DD Form 214 for the period ending 30 November 2003 award of the ICM with one bronze service star, GWOTSM, and VUA.

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 adding a third award of the NDSM or the GWOTEM to his DD Form 214 for the period ending 30 November 2003.



      __________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)                                         AR20140009240



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ABCMR Record of Proceedings (cont)                                         AR20140009240



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