BOARD DATE:	  4 August 2015

		DOCKET NUMBER:  AR20140019463 


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 award of the:

* Iraq Campaign Medal (ICM)
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Army Commendation Medal (ARCOM)
* Armed Forces Expeditionary Medal (AFEM)

2.  The applicant states he recently learned that many medals were not shown on his DD Form 214.

3.  The applicant provides:

* DD Form 1351-2 (Travel Voucher or Subvoucher)
* ARCOM Certificate
* DD Form 638 (Recommendation for Award)
* 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 Regular Army on 31 January 2002 for a period of 2 years and trained as an armor crewman.

3.  The Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait from 10 April 2003 through 31 October 2003.

4.  He provided a travel voucher which shows he arrived in Iraq on 10 April 2003 and departed Iraq on 4 November 2003 (total of 6 months and 25 days).

5.  He provided an ARCOM Certificate and a DA Form 638 showing Headquarters, 2nd Brigade, 4th Infantry Division, Permanent Order 
Number 352-07, awarded him the ARCOM for exceptionally meritorious service while assigned as an M1A2 tank loader and driver on C31 in support of Operation Iraqi Freedom during the period 12 June 2002 to 30 January 2004.

6.  On 30 January 2004, he was honorably released from active duty in the rank of private first class after completing 2 years of creditable active service with no lost time.

7.  His DD Form 214 shows in:

* item 12f (Foreign Service) – no foreign service
* item 18 (Remarks) – no deployments

8.  His DD Form 214 shows he was awarded or authorized the:

* Army Lapel Button
* National Defense Service Medal
* Army Service Ribbon

9.  There is no evidence indicating he was awarded the Army Good Conduct Medal (AGCM).  There is also no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the AGCM.

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

	a.  The ICM is awarded to members of the Armed Forces of the United States who served in direct support of Operation Iraqi Freedom.  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.  Approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010)
* New Dawn (1 September 2010-31 December 2011)

	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 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.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.

	c.  Initial award of the GWOTEM was limited to service members deployed abroad in support of Operations Enduring Freedom/Iraqi Freedom in designated specific geographic AOE, including Kuwait.

	d.  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 GWOTEM in lieu of the ICM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

	e.  The AFEM is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes participation in Southwest Asia operations during the period 1 December 1995 to 18 March 2003, but Operations Enduring Freedom/Iraqi Freedom are not included.

	f.  The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service of less than 3 years, but more than 1 year.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214.  The regulation stated:

	a.  For item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214 from the Soldier's record.

	b.  For item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The DA Form 638 provided by the applicant is accepted as sufficient evidence on which to base adding award of the ARCOM to his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this medal.

2.  The evidence shows the applicant served in Iraq from 10 April 2003 to 4 November 2003.  Based on this service, he is authorized award of the ICM with two bronze service stars.  Since the governing regulation states no service member will be entitled to both the GWOTEM and ICM for the same period of service, there is no basis for granting his request for the GWOTEM.  However, upon application, he may be awarded the GWOTEM in lieu of the ICM for such service.

3.  There is no evidence and he provided no evidence showing he served a qualifying period for award of the AFEM.  Therefore there is insufficient evidence on which to base adding award of the AFEM to his DD Form 214.

4.  DFAS records, combined with the applicant's travel voucher, confirmed he deployed to Kuwait/Iraq from 10 April 2003 to 4 November 2003 (total of 6 months and 25 days).  Therefore, items 12f and 18 of his DD Form 214 should be corrected to show this foreign service.

5.  He was released from active duty in the rank of private first class with 2 years of creditable active service with no lost time.  It appears he met the eligibility criteria for the first award of the AGCM for the period 31 January 2002 through 30 January 2004 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the AGCM (1st Award) and his DD Form 214 should be corrected to show this award.

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:

	a.  awarding him the AGCM (1st Award) for the period 31 January 2002 through 30 January 2004,

	b.  deleting the current entry in item 12f of his DD Form 214 and replacing it with the entry "0000  06  25,"

	c.  adding the following awards to his DD Form 214:

* ARCOM
* AGCM (1st Award)
* ICM with two bronze service stars

	d.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20030410-20031104" to item 18 of 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 adding award of the GWOTEM and AFEM to his DD Form 214.



      ___________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)                                         AR20140019463



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ABCMR Record of Proceedings (cont)                                         AR20140019463



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