IN THE CASE OF:	  

		BOARD DATE:	  4 June 2015

		DOCKET NUMBER:  AR20140015706 


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 award of the Iraq Campaign Medal with two service stars, Global War of Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, and the Meritorious Unit Commendation. 

2.  The applicant states his chain of command told him they had to wait until the awards were finalized.  They were not finalized yet when he retired.

3.  The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and the recommendation, citation, and memorandum of approval for the Meritorious Unit Commendation.

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 served in the Regular Army from 1981 through 1984.  His DD Form 214 lists his authorized awards as the – 

* Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar
* Army Good Conduct Medal
* Army Service Ribbon
* Overseas Service Ribbon

3.  He enlisted in the U.S. Army Reserve (USAR) in September 1987 and was promoted to sergeant first class (SFC) on 1 June 2001.

4.  On 8 February 2003, he was mobilized to serve with his unit, the 353rd Transportation Company, in support of Operation Enduring Freedom (Afghanistan).  

5.  Noncommissioned Officer Evaluation Reports (NCOERs) contained in the applicant’s Interactive Personnel Records Management System ( iPERMS) record help define his assignments during this period of active duty.  The NCOER for the period – 

* May 2002 through February 2003, Part IIId  – Areas of Special Emphasis shows, “Operation Enduring Freedom”
* March 2003 through Feb 2004, Part IIId  – Areas of Special Emphasis shows, “Operation Enduring Freedom, Operation Iraqi Freedom.”  Part IV d (Leadership) “…from 25 May to 12 June was acting First Sergeant during company relocation with zero incidents during Operation Iraqi Freedom”

6.  The applicant was released from active duty on 21 January 2004.  His DD Form 214 shows his authorized awards as the – 

* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal
* Army Reserve Components Achievement Medal (2nd Award)
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Armed Forces Reserve Medal with “M” Device
* Noncommissioned Officers Professional Development Medal with Numeral “2”
* Army Service Medal
* Overseas Service Ribbon
* Driver and Mechanic Badge 

7.  Item 18 Remarks of the DD Form 214 shows, “…//SERVICE IN IRAQ FROM 20030210-20040121 SERVED IN A DESIGNATED IMMINENT DANGER PAY AREA//…” 

8.  Although the NCOER and the mobilization orders both mention Operation Enduring Freedom the applicant confirmed by telephone that his DD Form 214 is correct in that he did serve in Iraq for the entire time he was mobilized.  He has since transferred to the Retired Reserve Control Group.

9.  Army Regulation 600-8-22 (Military Awards) states the:

   a.  Iraq Campaign Medal 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 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.  Approved campaigns include:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)

   b.  Global War on Terrorism Expeditionary Medal (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 area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty 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.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.  
   
   c.  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.  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 the GWOTSM.  

   d.  Under no condition will personnel or units receive the Afghanistan Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period or service.

10.  In support of his request the applicant submitted a photocopy on a memorandum showing that, on 11 June 2004, the Chief, Awards Branch, U.S. Army Human Resources Command approved award of the Meritorious Unit Commendation to the 49th Quartermaster Group (including the 353rd Transportation Company) for the period 10 January to 25 September 2003.

DISCUSSION AND CONCLUSIONS:

1.   The evidence of record shows that the applicant served in active duty in Iraq from 10 February 2003 to 21 January 2004.  This period included portions of the Liberation of Iraq (19 March 2003-1 May 2003) and Transition of Iraq (2 May 2003-28 June 2004) campaign periods.  The Iraq Campaign Medal with two bronze service stars should be added to his 2004 DD Form 214.

2.  The award of more than one award for the same period is prohibited by regulation.  Thus, the applicant is not authorized the Global War on Terrorism Expeditionary Medal and/or the Global War on Terrorism Service Medal for this same period.

3.  The applicant’s unit was awarded the Meritorious Unit Commendation for service during a period that included the applicant’s active duty in Iraq.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 the Iraq Campaign Medal with two bronze service stars to the applicant’s 21 January 2004 DD Form 214.

2.  The Board further determined that 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 also authorizing the Global War on Terrorism Expeditionary Medal and/or the 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)                                         AR20140015706



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20140015706



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS

SAMR-RBR	9 June 2015


MEMORANDUM FOR RECORD

SUBJECT:  AR2014001 5706 Record of Proceeding Correction


On Tuesday, 9 June 2015, Promulgation Team Chief identified an error in subject as above Record of Proceeding, Board Determination/Recommendation  section, paragraph 1.  An authorized award was inadvertently omitted from the board directed correction.  To clarify the required correction, as granted and intended by the board, the second sentence, paragraph  1-

"As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Iraq Campaign Medal with two bronze service stars to the applicant's 21 January 2004 DD Form 214."

is revised to-

"As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Iraq Campaign Medal with two bronze service stars and the Meritorious  Unit Commendation to the applicant's 21 January 2004 DD Form 214."

The change was handwritten and initialed, by the undersigned, on the applicable page.


Deputy Director, Army Board for Correction of Military Records

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