IN THE CASE OF:
BOARD DATE: 21 April 2015
DOCKET NUMBER: AR20140015677
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 any awards he is entitled for his military service in Afghanistan and Iraq.
2. The applicant states he was discharged prior to the awards being created and awarded.
3. The applicant provides a copy of his 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. Having 5 months and 5 days of prior active service, the applicant enlisted in the Regular Army on 4 November 1993. He held military occupational specialties 18C (Special Forces Engineer Sergeant) and 11B (Infantryman).
3. On 10 January 2004, the applicant was honorably discharged due to disability with severance pay. Item 18 (Remarks) of the DD Form 214 he was issued at the time shows he served in Afghanistan for the period 8 October 2001 to 1 February 2002 and in Iraq from 22 March to 19 June 2003. This form also shows he was awarded or authorized the:
* Army Achievement Medal (2nd Award)
* Army Commendation Medal
* Army Good Conduct Medal (3rd Award)
* National Defense Service Medal (2nd Award)
* Armed Forces Expeditionary Medal
* Humanitarian Service Medal
* Noncommissioned Officer Professional Development Ribbon with Numeral "2"
* Army Service Ribbon
* Combat Infantryman Badge
* Parachutist Badge
* Special Forces Tab
4. Army Regulation 600-8-22 (Military Awards) states:
a. The Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (OEF). The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area. The period of eligibility is on or after 11 September 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF. A bronze service star is authorized for wear with this medal for participation in each credited campaign. During his service in Afghanistan the applicant served in the following approved campaigns:
* Liberation of Afghanistan (11 September 2001-30 November 2001)
* Consolidation I (1 December 2001-30 September 2006)
b. The Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom. 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 Iraq Campaign Medal 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. During his service in Iraq the applicant served in the following approved campaigns:
* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
c. The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.
DISCUSSION AND CONCLUSIONS:
1. Based on his dates of service in Afghanistan, he is entitled to award of the Afghanistan Campaign Medal with two bronze service stars.
2. Based on his dates of service in Iraq, he is entitled to award of the Iraq Campaign Medal with two bronze service stars.
3. The evidence of record shows the applicant served on active duty from 4 November 1993 to 10 January 2004. Therefore, he served a qualifying period for award of the Global War on Terrorism Service Medal and is entitled to correction of his records to show this 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 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 his DD Form 214 by adding the:
* Afghanistan Campaign Medal with two bronze service stars
* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Service 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) AR20140015677
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140015677
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090019865
Army Regulation 600-8-22 states the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined. Based on the evidence of records, it appears the applicant had six separate deployments to Afghanistan. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2011 | 20110014167
The applicant requests correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in Iraq and additional Operations Iraqi and Enduring Freedom (OIF/OEF) medals, awards, or decorations. The evidence of records shows he was deployed to Iraq in support of OIF from 28 February 2003 to 20 June 2003, a period of 3 months and 28 days. The evidence of record shows he served in Afghanistan in support of OEF from 28 March to 3 July 2003 during one campaign.
ARMY | BCMR | CY2013 | 20130008327
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following awards: * Iraq Campaign Medal * Afghanistan Campaign Medal * Global War on Terrorism Service Medal * Global War on Terrorism Expeditionary Medal 2. e. The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of...
ARMY | BCMR | CY2010 | 20100022229
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Action Badge, Afghanistan Campaign Medal with campaign stars, and Iraq Campaign Medal with campaign stars. Army Regulation 600-8-22 (Military Awards) states the Afghanistan Campaign Medal is awarded to members who served in direct support of OEF. The applicant requests award of the Afghanistan Campaign Medal with service stars.
ARMY | BCMR | CY2009 | 20090004193
He also requests, in effect, correction of this DD Form 214 to show the Iraq Campaign Medal, the Afghanistan Campaign Medal, the Global War on Terrorism Expeditionary Medal, and the Purple Heart. His DD Form 214 does not show the Iraq Campaign Medal, the Afghanistan Campaign Medal, or the Global War on Terrorism Expeditionary Medal as authorized awards. Based on his service in Afghanistan, the applicant is eligible for award of the Afghanistan Campaign Medal with one bronze service star.
ARMY | BCMR | CY2010 | 20100029162
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Afghanistan Campaign Medal, Iraq Campaign Medal, and the Combat Action Badge (CAB). The applicant states, in effect, that the requested awards did not exist at the time of his separation from active duty. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of his DD Form 214...
ARMY | BCMR | CY2014 | 20140010620
The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. It would be appropriate to correct his records to show he is authorized this award. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2012 | 20120000846
The applicant requests, through his Congressional representative, the following awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 16 January 2004: * Army Commendation Medal * Army Achievement Medal * Iraq Campaign Medal * Afghanistan Campaign Medal * Global War on Terrorism Expeditionary Medal * Combat Infantryman Badge 2. d. The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of...
ARMY | BCMR | CY2010 | 20100023134
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * Service in Kuwait/Iraq from 16 October 2008 to 27 January 2009 * Service in Afghanistan from 29 August to 23 December 2009 * Combat Infantryman Badge 2. The available evidence shows the applicant served a qualifying period for award of the Global War on Terrorism Service Medal and he is entitled to the issuance of this medal and his DD Form 214 should be corrected to show...
ARMY | BCMR | CY2006 | 20060013925
The applicant requests that his records be corrected to reflect award of the Master Aviation Badge, the Korea Defense Service Medal, the Joint Meritorious Unit Award, the Global War on Terrorism Expeditionary Medal, the Iraq Campaign Medal, and the Afghanistan Campaign Medal. The DD Form 214, issued 30 April 2004, indicates the following: a. continuous active service from 17 April 1984 through 30 April 2004; b. participation in Operation Enduring Freedom in Afghanistan, from 25 December...