BOARD DATE:  9 July 2015

		DOCKET NUMBER:  AR20140021002


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), for the period ending 23 February 2004, to show he was awarded or authorized the Combat Action Badge, the Global War on Terrorism Expeditionary Medal (GWOTEM), and the Iraq Campaign Medal.

2.  The applicant states the Combat Action Badge was earned during qualifying enemy contact incidents in 2003 and 2004, the GWOTEM was earned during his deployment in support of Operation Iraqi Freedom, and the Iraq Campaign Medal was authorized after he was discharged.

3.  The applicant provides a copy of his DD Form 214 for the period ending         23 February 2004.

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 Ohio Army National Guard (OHARNG) on         22 June 2000.  The highest rank/grade he attained during his period of military service was specialist/E-4.

3.  He entered active duty on 27 June 2001, completed his initial entry training and was awarded military occupational specialty (MOS) 95B (Military Police, later redesignated as MOS 31B), and was released from active duty and returned to the OHARNG on 2 November 2001.

4.  He was ordered to active duty in support of Operation Noble Eagle during the period 12 November 2001 through 22 March 2002.

5.  He was ordered to active duty in support of Operations Enduring Freedom and Iraqi Freedom during the period 23 March 2002 through 23 February 2004. He deployed to Southwest Asia during the period 15 May 2003 through             19 January 2004. 

6.  Permanent Orders Number 321-111, issued by Headquarters, 18th MP Brigade on 17 November 2003, awarded him the Army Commendation Medal.  According to the corresponding Army Commendation Medal Certificate, he was assigned to the 135th MP Company, which was subordinate to the 18th MP Brigade, which was headquartered in Baghdad, Iraq.  

7.  He was honorably released from active duty and returned to the control of the OHARNG on 23 February 2004.  His DD Form 214 shows:

   a. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) he was awarded or authorized the:

* Army Commendation Medal
* Army Achievement Medal
* National Defense Service Medal (2nd Award)
* Armed Forces Reserve Medal with "M" Device (2nd Award)
* Army Service Ribbon

   b. Item 18 (Remarks) contains the entry, "Service in Southwest Asia 20030515 – 20040119"

8.  He was transferred from the OHARNG to the Maryland ARNG, effective       13 February 2005.  He was discharged from the ARNG and assigned to the U.S. Army Reserve Control Group (Individual Ready Reserve), effective 21 June 2006.

9.  Permanent Orders 291-04, issued by the U.S. Army Human Resources Command (HRC), Fort Knox, Kentucky on 18 October 2010, awarded him the Combat Action Badge for actively engaging or being engaged by the enemy on 30 July 2003.  These orders show he was assigned to the 135th MP Company, which was an element of the Multi-National Force – Iraq.

10.  A DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) was created on 20 October 2010.  This form amended item 13 of his DD Form 214, for the period ending 23 February 2004, by adding the Combat Action Badge. 

11.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat and special skill badges  unit decorations, and similar devices awarded in recognition of accomplishments.
	
	a.  The GWOTEM was established by Presidential Executive Order 13289 on 12 March 2003.  It is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in GWOT operations on or after 11 September 2001 to a date to be determined.

		(1)  The general area of eligibility (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 award of the GWOTEM.

		(2)  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the AOE or meet other specified criteria.  The initial award of the GWOTEM was limited to service members deployed abroad in OEF or Operation Iraqi Freedom (OIF), in designated specific geographic AOE, including Kuwait.

	b.  The Iraq Campaign Medal is authorized by Public Law 108–234, dated    28 May 2004, and Presidential Executive Order 13363, dated 29 November 2004.  It is awarded to members who served in direct support of OIF.  The 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 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 are:

* Liberation of Iraq (19 March-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)

	c.  Service members qualified for the GWOTEM 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.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service (emphasis added).

12.  A review of his record indicates he is entitled to additional awards that are not shown on his DD Form 214.

13.  Army Regulation 600-8-22 provides that the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who participated in GWOT operations outside of the AOEs designated for award of the GWOTEM, 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 or 60 nonconsecutive days, are authorized award of the GWOTSM.

14.  A memorandum, published by the OHARNG on 11 July 2003, announced his award of the Army Reserve Components Achievement Medal, effective 21 June 2003.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show he was awarded or authorized the Combat Action Badge, the GWOTEM, and the Iraq Campaign Medal was carefully considered.

2.  A DD Form 215 was prepared on 20 October 2010, to correct errors or omissions from his DD Form 214 for the period ending 23 February 2004.  This DD Form 215 corrected his DD Form 214 by adding the Combat Action Badge.  Accordingly, this portion of his request has already been granted.  

3.  His DD Form 214 shows he served in Southwest Asia from 15 May 2003 through 19 January 2004.  This period of service qualifies him for the GWOTEM, since that award was approved by executive order prior to the completion of his service in Southwest Asia.  

4.  Although the Iraq Campaign Medal was later approved for the same service, the governing Army regulation prohibits the entitlement to both medals for the same act, achievement, or period of service.  However, upon application, he may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for his service in Southwest Asia.

5.  He served a qualifying period for award of the GWOTSM, which is not shown on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show the GWOTSM.

6.  He was awarded the Army Reserve Components Achievement Medal, effective 21 June 2003.  This award is not shown on his DD Form 214; therefore, it would be appropriate to correct his DD Form 214 to show it.

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 amending item 13 of his DD Form 214, for the period ending 23 February 2004, by adding the:

* Army Reserve Components Achievement Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
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 correcting his DD Form 214, for the period ending 23 February 2004, to show the Iraq Campaign 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)                                         AR20140021002



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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