IN THE CASE OF:	  

		BOARD DATE:	  26 February 2015

		DOCKET NUMBER:  AR20140011959 


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:

* Iraq Campaign Medal (ICM) with two bronze service stars
* Global War on Terrorism Service Medal (GWOTSM)
* Global War on Terrorism Expeditionary Medal (GWOTEM)

2.  The applicant states the awards are not listed on his DD Form 214.  He has a 70-percent service-connected disability with a claim for post-traumatic stress disorder pending and would like the medals listed in his record to enable his receipt of services at a Department of Veterans Affairs hospital.

3.  The applicant provides:

* DD Form 214
* Headquarters, Tennessee Army National Guard, Orders 016-237, dated 16 January 2003
* DA Form 4187 (Personnel Action), dated 15 January 2003
* Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Orders 191-0044, dated 10 July 2003
* Headquarters, U.S. Army Forces Command, letter, dated 11 December 2003



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.  On 16 January 2003, the applicant was ordered to active duty in support of Operation Enduring Freedom (OEF) as a member of the 730th Quartermaster Supply Company, Tennessee Army National Guard.

3.  On 1 August 2003, he was honorably released from active duty upon completion of required active service.  His DD Form 214 shows he served in Kuwait/Iraq from 5 February 2003 through 5 July 2003.  He was awarded or authorized the:

* Marine Corps Good Conduct Medal
* National Defense Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
* Overseas Service Bar
* Navy Arctic Service Ribbon

4.  A review of his records in the interactive Personnel Electronic Records Management System reveals a memorandum from the 730th Quartermaster Supply Company, Tennessee Army National Guard, dated 21 April 2004, subject:  Request for Award GWOTEM, authorizing him award of the GWOTEM for participation in Operation Iraqi Freedom (OIF) from 5 February 2003 through 5 July 2003.

5.  His records do not indicate his specific dates of service in Kuwait and/or Iraq.

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

	a.  The ICM is awarded to members who have served in direct support of OIF.  The area of eligibility (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.  To be deemed eligible, service members must have been assigned, attached, or mobilized to units operating in the AOE for 30 consecutive or 60 nonconsecutive days or meet one of the following criteria:

		(1)  be engaged in combat during an armed engagement, regardless of time in the AOE;

		(2)  while participating in an operation or on official duties, are wounded or injured and require medical evacuation from the AOE; or

		(3)  while participating as a regularly assigned air crewmember flying sorties into, out of, within or over the AOE in direct support of the military operations; each day of operations counts as 1 day of eligibility.

	b.  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.  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 or meet other specified criteria.  Initial award of the GWOTEM was limited to service members who deployed abroad in OEF and OIF in designated specific geographic AOE, including Iraq.

	c.  Service members who qualified for award of 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.  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 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show additional awards and decorations was carefully considered and determined to have merit.

2.  His records show he was authorized award of the GWOTEM for service in Kuwait/Iraq from 5 February 2003 through 5 July 2003.  Therefore, the GWOTEM should be added to his DD Form 214.

3.  His records do not indicate his specific dates of service in Kuwait and/or Iraq.  As a result, the available evidence is insufficient to show he served a minimum of 30 consecutive or 60 nonconsecutive days in Iraq beginning on or after 19 March 2003 to qualify for award of the ICM.  Therefore, he is not authorized award of the ICM or its addition to his DD Form 214 at this time.

4.  His dates of active duty service outside of these time periods (i.e., 16 January 2003 through 4 February 2003 (19 days) and 6 July 2003 through 1 August 2003 (26 days)), do not meet the minimum qualifying service requirement for award of the GWOTSM.  Therefore, he is not entitled to award of the GWOTSM.

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 award of the GWOTEM to his DD Form 214.

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 correction of his DD Form 214 to reflect award of the GWOTSM and ICM.



      _____________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)                                         AR20140011959



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ABCMR Record of Proceedings (cont)                                         AR20140011959



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