IN THE CASE OF:	  

		BOARD DATE:	  7 April 2015

		DOCKET NUMBER:  AR20140013454 


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 reconsideration of his request for award of the Global War on Terrorism Expeditionary Medal (GWOTEM) for his service from 9 August 2004 to 8 November 2005.  He also requests removal of the 2nd award of the Armed Forces Reserve Medal (AFRM) with "M" Device if he is not entitled to it.
 
2.  The applicant states:

     a.  Mr. B____  of the U.S. Army Human Resources Command (AHRC) noted that he could receive the Iraq Campaign Medal (ICM) and the GWOTEM but there would have to be specific dates listed for each period of service in each area of operation.  In a review of the Army Board for Correction of Military Records (ABCMR) decision the Board stated that their reason for denial of the GWOTEM was that "regulatory guidance precludes receipt of both the GWOTEM and the ICM for the same act, achievement, or period of service." 

    b.  The evidence previously submitted warranted issuance of the GWOTEM.  His service in Kuwait did not lead to the issuing of his ICM.  The award of the ICM is generally contingent upon 30 consecutive days or 60 non–consecutive days of duty inside the borders of Iraq or its territorial water.  In his case the time in country criteria needed for issuance of the ICM would have been moot due to his award of the Combat Action Badge (CAB).  He was issued the ICM approximately a year before he received the CAB for the same service.

    c.  He was stationed in Kuwait with his unit.  He was not stationed in Iraq; he just frequently traveled there.  The burden of proof to show that he is entitled to the GWOTEM should be easier than if he had been stationed in Iraq and traveled to Kuwait.

    d.  His DA Form 638 (Recommendation for Award) shows he was on 31 missions.  In a view least favorable to him, it would mean that he began each mission in Kuwait.  Each mission involved at least one day of travel to get from Kuwait and into Iraq and one day travel in Kuwait on the return from Iraq. This should meet the 60 non-consecutive day burden and he should receive the GWOTEM.

    e.  His DA Form 638 also notes that he was a bus escort team leader for troops arriving in theater; however, there are no dates listed.

    f.  It does not seem that the ABMCR and the AHRC are interpreting the regulation the same way.  It is possible for him to contact old comrades and superiors in order to get authentication of his service in Kuwait; however, they will not know the exact dates.  That is an impossible burden to put on Soldiers who were in combat operations and spent a year of their lives going back and forth between countries in a combat zone.  He is attempting to get his individual records showing his exact location throughout his tour, but it is beginning to look as though those records do not exist.  Regardless, there is more than enough evidence showing he had over 60 days of service in Kuwait.

3.  The applicant provides:

* email correspondence
* Army Commendation Medal (ARCOM) Certificate
* DA Form 638
* memorandum, subject:  Announcement of Award, dated 10 October 2005
* memorandum, subject:  Overseas Service Bar(s) – (Combat Service Stripes – Class A Uniform), dated 10 October 2005
* memorandum, subject:  Shoulder Sleeve Insignia-Former Wartime Service (SSI-FWTS)

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20130016422, on 15 May 2014.

2.  He provides new argument that warrants consideration by the Board.

3.  The applicant enlisted in the Illinois Army National Guard (ILARNG) on 9 August 2000.  At the completion of initial entry training, he was awarded military occupational specialty 88M (Motor Transport Operator). 

4.  On 15 March 2003, he was ordered to active duty in support of Operation Enduring Freedom.  He was honorably released from active duty (REFRAD) on 24 May 2003 after completion of 2 months and 10 days of active military service.  The DD Form 214 issued for this period does not show award of the GWOTEM.

5.  On 9 August 2004, he was ordered to active duty in support of Operation Iraqi Freedom.  He served in Kuwait/Iraq from 13 October 2004 to 11 October 2005.  He was REFRAD on 8 November 2005 after completion of 1 year and 3 months of active military service.  His DD Form 214 issued for this period shows award of the GWOTSM and ICM.

6.  A DA Form 638, dated 15 May 2005, shows that he was recommended and approved for award of the ARCOM while serving with the 166th Transportation Company, Camp Arifjan, Kuwait, as a truck driver from 10 October 2004 to 13 October 2005.

7.  He was discharged from the ILARNG on 8 August 2007 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  His NGB Form 22 (National Guard Bureau - Report of Separation and Record of Service) shows award of the Global War on Terrorism Service Medal (GWOTSM) and the ICM.  This discharge document does not show award of the GWOTEM.  It shows he completed 7 years of total service for non-regular retired pay.

8.  An AHRC Message dated 17 March 2004 disseminated implementing instructions for award of the GWOTSM.  This award is designated for Soldiers who have participated in or served in support of Global War on Terrorism Operations outside of the designated area of eligibility (AOE) determined for award of the GWOTEM on or after 11 September 2001 to a date to be determined.  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 days or 60 nonconsecutive days are authorized this award.

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

	a.  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.   Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE.  Effective 30 April 2005, the GWOTEM is no longer authorized to be awarded for service in Iraq; however, service members who qualified for the GWOTEM by reason of service between 19 March 2003 and 30 April 2005 in an area for which the ICM was subsequently authorized shall remain qualified for the GWOTEM.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service; however, no service member shall be entitled to award of the ICM and the GWOTEM for the same act, achievement, or period of service.

     b.  The AFRM is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components for each 10-year period of service.  The member must have been called or volunteered and served on active duty in support of specific U.S. military operations or contingencies designated by the Secretary of Defense, as defined in Section 101(A) (13) of Title 10, U.S. Code.  Active Guard Reserve members who receive orders changing their current duty status (legal authority under which they perform duty), their duty location, or assignment to support a contingency operation are eligible for the award of the "M" Device.  The following operations have designated as contingency operations.

* Desert Shield/Storm
* Restore Hope (Somalia)
* Uphold Democracy (Haiti)
* Joint Endeavor/Joint Forge (Bosnia)
* Desert Fox/Northern Watch/Southern Watch (Persian Gulf)
* Allied Force (Kosovo)
* GWOT (includes Operations Nobel Eagle, Enduring Freedom, Iraqi Freeman and New Dawn) 

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was deployed to Kuwait/Iraq in support of Operation Iraqi Freedom from 13 October 2004 to 11 October 2005 as a truck driver stationed in Kuwait.

2.  It appears that as a truck driver operating out of Camp Arifjan, Kuwait, he met the criteria for award of the GWOTEM.  Therefore, he is entitled to correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show this award. 

3.  With regard to removing the AFRM (2nd Award), evidence shows that he has not completed the required service for award of the AFRM (2nd Award).  Therefore, he is not eligible for award of the AFRM (2nd Award).

 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 amendment of the ABCMR’s decision in Docket Number AR20130016422, dated 15 May 2014.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by making the following deletion from and additions to his DD Form 214:

	a.  deleting the AFRM "M" Device (2nd Award) and

	b.  adding the GWOTEM and the AFRM with "M" Device



      __________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)                                         AR20140013454



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ABCMR Record of Proceedings (cont)                                         AR20140013454



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