IN THE CASE OF:	  

		BOARD DATE:	  3 February 2015

		DOCKET NUMBER:  AR20140008176 


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) dated 5 November 2004 to show he is authorized the Global War on Terrorism Expeditionary Medal and the Overseas Service Ribbon.

2.  The applicant states:

* As a result of a prior records correction the Global War on Terrorism Expeditionary Medal was deleted from his DD Form 214 and the Iraq Campaign Medal was added
* He served in Kuwait in support of Operation Enduring Freedom from 6 January 2003 until 19 March 2003, which qualifies him for the Global War on Terrorism Expeditionary Medal
* The criteria for award of the Overseas Service Ribbon changed in 2006 to include the period he served in Iraq

3.  The applicant provides:

* DD Form 214
* DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) dated 18 May 2009
* Orders 288-2218 dated 14 October 2004
* Army Board for Correction of Military Records (ABCMR) Notification Letter dated 10 December 2008
* ABCMR Record of Proceedings dated 9 December 2008
* Army Commendation Medal Certificate dated 10 May 2003
* Army Achievement Medal Certificate dated 15 September 2002

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 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.  2.  The applicant enlisted in the Regular Army on 6 September 2001.  He completed training as an H1 Field Artillery Meteorological Crewmember.  He was honorably released from active duty on 5 November 2004.  The DD Form 214 he received shows the followings awards:

* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal
* Presidential Unit Citation (Army – Air Force)
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Army Lapel Button
* Army Service Ribbon

3.  Item 18 (Remarks) on the DD Form 214 he received contains the entry "KUWAIT/IRAQ 030108-030709."

4.  In an application to the ABCMR dated 30 June 2008, the applicant requested correction of his DD Form 214 to add the following awards:

* Army Commendation Medal
* Army Achievement Medal (3rd Award)
* "Iraq War Service Ribbon"

5.  On 9 December 2008, the Board directed that the applicant's records be corrected by awarding him the Good Conduct Medal (1st Award) and amending

his DD Form 214 as follows:

	a.  deleting the Global War on Terrorism Expeditionary Medal; and 

	b.  adding the Good Conduct Medal (1st Award), the Army Commendation Medal, the Army Achievement Medal (2nd Oak Leaf Cluster), the Presidential Unit Citation, and the Iraq Campaign Medal with two bronze service stars.

6.  On 18 May 2009, the applicant was issued a DD Form 215 correcting his DD Form 214 as directed by the Board.

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

	a.  The 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 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. 

	b.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria:  (1) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE; (2) is killed, wounded, or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time, or (3) service members participating as a regularly assigned air crew member flying sorties into, out of, within, or over the AOE in direct support of Operations Enduring Freedom and/or Iraqi Freedom to qualify for award of the GWOTEM.  

	c.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom.  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.

	c.  The Overseas Service Ribbon is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

8.  According to the Awards Branch at U.S. Army Human Resources Command (HRC), Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour.  (Rules 6 and 8 of Table 3-2 Army Regulation 614-30, Overseas Service, apply).

9.  (NOTE:  Information received from U.S. Army Human Resources Command on 29 November 2011 stated they were provided guidance from G-1 in January 2006 to award short tour credit to those Soldiers who served a combat deployment/operational deployment (non-combat) tour for 9 months or 8 months and 16 days or more.  Therefore, the Overseas Service Ribbon may be granted if the applicant served at least 8 months and 16 days on his/her tour.)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  When the applicant was initially issued his DD Form 214 it included the award of the Global War on Terrorism Expeditionary Medal.  However, after he applied to the Board requesting to be awarded the "Iraq War Service Ribbon" his records were corrected by deleting from his DD Form 214 the Global War on Terrorism Expeditionary Medal and adding the Iraq Campaign Medal with two bronze service stars to show his campaign participation.

3.  The war in Iraq did not begin until 19 March 2003.  Therefore, it is reasonable to believe that the applicant was in Kuwait from 8 January until 19 March 2003 after the war began.   Therefore, he is authorized the Global War on Terrorism Expeditionary Medal and the Iraq Campaign Medal with two bronze service stars.

4.  The applicant is not authorized the Overseas Service Ribbon.  According to the applicable regulation and specific guidance from the HRC he does not meet the criteria for this award as he was there for a little over six months.

6.  In view of the foregoing, the applicant's records should be corrected 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 amending his DD Form 214 dated 5 November 2004 to show he is authorized the Global War on Terrorism Expeditionary Medal.

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 amending his DD Form 214 to show he is authorized the Overseas Service Ribbon.  




      _______ _   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)                                         AR20140008176





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ABCMR Record of Proceedings (cont)                                         AR20140008176



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