IN THE CASE OF:	  

		BOARD DATE:	  21 April 2015

		DOCKET NUMBER:  AR20140011899 


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, that the Iraq Campaign Medal (ICM) and Global War on Terrorism Expeditionary Medal (GWOTEM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states he served in theater during applicable times to receive both awards.

3.  The applicant provides:

* Memorandum for Record (MFR) dated 22 February 2004
* 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 United States Army Reserve (USAR) on 25 March 1996, for 8 years.  He was trained in and awarded military occupational specialties 97B (Counterintelligence Agent) on 18 February 1997 and 96B (All Source Analyst) on 23 July 1999.

3.  On 16 January 2003, he entered active duty as a member of the USAR and served until he was honorably released on 4 April 2004 by reason of completion of required active service.  The DD Form 214 issued to him shows he completed 1 year, 2 months and 19 days of creditable active duty service of which 1 year and 2 days was foreign service as shown in item 12f (Foreign Service).

4.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not include the ICM and GWOTEM among its list of awards.  Item 18 (Remarks) includes the following entries:

* Ordered to Active Duty in Support of Operation Enduring Freedom (OEF)
* Service in Kuwait & Iraq from 20030215 to 20040216
* Served in a designated imminent danger pay area 

4.  The applicant provides an MFR from the commander of the 800th Military Police Brigade (I/R) located at Camp Victory, Iraq, dated 22 February 2004.  It shows his commander awarded him the GWOTEM for his service in support of OEF from 16 January 2003 through 22 February 2004.

5.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. 

	a.  The ICM 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 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.  During the applicant's service, credit was authorized for the following campaigns:

* Liberation of Iraq/19 Mar 2003 - 1 May 2003
* Transition of Iraq/2 May 2003 - 28 Jun 2004
   
b.  For determining award of the GWOTEM, it states that this award is authorized to members who deployed abroad for service in Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  Service must have been for at least 30 consecutive days or 60 nonconsecutive days and in support of OEF/OIF.  Iraq was an eligible area of eligibility (AOE) through 18 March 2003.

   c.  Paragraph 2-19 of Army Regulation 600-8-22 contains guidance on award of the GWOT Service Medal (GWOTSM).  It states that it is authorized to members who have participated in the Global War on Terrorism Operations outside of the designated AOE for the GWOTEM on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, during the qualifying period having served 30 consecutive or 60 nonconsecutive days are authorized the GWOTSM.

   d.  Paragraph 5-4 contains guidance on the OSR.  It states that it is authorized for completion of normal overseas tours as defined in Army Regulation 614-30 (Overseas Service) for all active Army, Army National Guard and Army Reserve Soldiers.

   e.  Army Regulation 614-30 provides policy and guidance on the eligibility and selection criteria for overseas service and establishment of tour lengths for overseas areas.  Table 3-2 contains guidance on award of tour credit and states, in pertinent part, that in order to receive tour credit for temporary change of station (TCS)/temporary duty (TDY) service in isolated areas where tour lengths have not been established (Iraq/Afghanistan), a member must complete 11 cumulative months in a 24-month period or 9 continuous months.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends entitlement to the ICM and GWOTEM indicating these awards are missing from his DD Form 214.  There is sufficient evidence to support this claim.

2.  The evidence of record confirms the applicant did satisfy the regulatory criteria necessary to be eligible for the GWOTEM for his service in Kuwait/Iraq during the period 15 February 2003 through 18 March 2003 and for the ICM with two campaign stars based on his service in Kuwait/Iraq from 19 March 2003 through 16 February 2004.  Further, based on his qualifying active duty service outside of an authorized AOE for over 30 consecutive days from 17 February to 4 April 2004, he is also eligible for the GWOTSM.  Finally, based on his 1 year and 2 days foreign service in support of OEF, as reflected in item 12f of his DD Form 214, he is also entitled to the OSR.  As a result, it would be appropriate to add these awards to his record and DD Form 214 at this time.

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 DD Form 214 by adding the following awards:
   
* ICM with 2 bronze service stars
* GWOTEM
* GWOTSM
* OSR



      _______ _   __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)                                         AR20140011899



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ABCMR Record of Proceedings (cont)                                         AR20140011899



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