IN THE CASE OF:	  

		BOARD DATE:	  14 July 2015

		DOCKET NUMBER:  AR20140020395 


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 Iraq Campaign Medal (in lieu of the Global War on Terrorism Expeditionary Medal) and the correct title for his military occupational specialty (MOS). 

2.  The applicant states he served in Iraq from 6 September 2003 to 29 September 2004.  His DD Form 214 omitted the Iraq service and award.  It also lists his specialty as "Graphics Doc Sp" which does not sound like his MOS. 

3.  The applicant provides 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.  The applicant enlisted in the Regular Army on 5 July 2001. He completed one station unit training at Fort Gordon, GA, and he was awarded MOS 31R (Multichannel Transmission Systems Operator-Maintainer).  Following completion of MOS training, he served in Korea from 19 January 2002 to 21 January 2003.  He was then reassigned to Fort Riley, KS. 

3.  Permanent Orders Number 143-190, issued by Headquarters, 1st Brigade, Iraq on 22 May 2004, awarded him the Army Commendation Medal for service with the 331st Signal Company, 101st Forward Support Battalion, in support of Operation Iraqi Freedom I and II from 5 September 2003 to 5 September 2004. 

4.  His military pay records show he received hostile fire/imminent danger pay for service in Kuwait from 9 September 2003 to 25 September 2004.  

5.  He was honorably released from active duty on 4 July 2005.  He completed 4 years of creditable active service.  His DD Form 214 shows in: 

* Item 11 (Primary Specialty) – 25Q1O GRAPHICS DOC SP, 3 Years 7 Months 
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – 

* Army Lapel Button
* Army Commendation Medal 
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal 
* Global War on Terrorism Expeditionary Medal 
* Army Service Ribbon 
* Overseas Service Ribbon
* Korea Defense Service Medal

* item 18 (Remarks) "Service in Kuwait/Iraq in support of Operation Iraqi Freedom 20030906-20040929" 

6.  According to the Army G-1 official website, in August 2004 MOS 31R (Multichannel Transmissions Systems Operator-Maintainer) was deleted and reclassified to 25Q (Multichannel Transmissions Systems Operator-Maintainer) in current grade.

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

	a.  The Global War on Terrorism Expeditionary Medal 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 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.  Initial award included service in Iraq.

	b.  The Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Applicable approved campaigns are:

* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)

	c.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  No service member will be entitled to both medals for the same act, achievement, or period of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed training and was awarded MOS 31R in or around September 2001.  However, the Army converted this MOS to 25Q in August 2004.  The applicant was separated in July 2005.  His DD Form 214 should have reflected the new MOS with the correct title.  Therefore, his DD Form 214 should be corrected to show the correct title for MOS 25Q. 

2.  He was awarded the Global War on Terrorism Expeditionary Medal for his service in Kuwait/Iraq from 6 September 2003 to 29 September 2004. 

	a.  Between 19 March 2003 and 28 February 2005, Soldiers were awarded the Global War on Terrorism Expeditionary Medal for their service in Iraq.  At the time of the applicant's arrival in Iraq (September 2003) and separation from active duty (July 2005), the appropriate award for service in Iraq had been the Global War on Terrorism Expeditionary Medal.  When the Iraq Campaign Medal was created, the Army authorized Soldiers who were previously awarded the Global War on Terrorism Expeditionary Medal to exchange that award for the Iraq Campaign Medal.  However, no service member will be entitled to both medals for the same act, achievement, or period of service. 

	b.  The applicant is eligible for award of the Iraq Campaign Medal.  Because there is no evidence he served a second tour in Kuwait/Iraq and because he specifically requested one award vice the other, his DD Form 214 should be corrected by deleting the Global War on Terrorism Expeditionary Medal and adding the Iraq Campaign Medal with two bronze service stars to designate his campaign participation in two campaigns.  

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:

* deleting from item 11 the current entry and adding the entry "25Q1O 00 Multichannel Transmissions Systems Operator-Maintainer -- 3 YRS 7 MOS/Nothing Follows"
* deleting from item 13 the Global War on Terrorism Expeditionary Medal and adding the Iraq Campaign Medal with two bronze service stars 



      __________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)                                         AR20140020395





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ABCMR Record of Proceedings (cont)                                         AR20140020395



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