IN THE CASE OF:	  

		BOARD DATE:	  6 October 2015

		DOCKET NUMBER:  AR20150002559 


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 his authorized awards and decorations.

2.  The applicant states he deployed with his unit to Southwest Asia (SWA) in support of Operation Iraqi Freedom (OIF).  He was awarded the Army Commendation Medal (ARCOM).  In addition, he is entitled to the Global War on Terrorism Expeditionary Medal (GWOTEM) and the Iraq Campaign Medal (ICM) for his service in the theater of operations.

3.  The applicant provides copies of his –

* two DD Forms 214
* Certificate of Achievement
* DA Form 638 (Recommendation for Award)

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 U.S. Army Reserve (USAR) on 31 March 1985 for a period of 8 years.  Upon completion of training he was awarded military occupational specialty 95B (Military Police (MP)).

3.  A DD Form 214 shows he was ordered to active duty on 22 January 1991 in support of Operation Desert Shield/Storm, honorably released from active duty (REFRAD) on 6 April 1991, and transferred to a USAR unit.  He had completed 
2 months and 15 days of net active service this period.  It also shows in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) –

* Army Service Ribbon
* National Defense Service Medal
* Army Achievement Medal
* Army Components Achievement Medal
* Marksman Marksmanship Qualification Badge with Rifle (M-16) and Pistol (.45 caliber) Bars
* Second Class (Sharpshooter) Marksmanship Qualification Badge with Machinegun (M-60) Bar

4.  A DD Form 214 shows he was ordered to active duty in support of OIF on
7 February 2003, honorably REFRAD on 28 January 2004, and transferred to a USAR unit.  He had completed 11 months and 22 days of net active service this period that included 8 months of foreign service.  It also shows in:

   a.  item 13 –

* National Defense Service Medal
* Armed Forces Reserve Medal with "M" [Mobilization] Device
* Army Service Ribbon

   b.  item 18 (Remarks), he served in SWA from 25 April 2003 to 24 December 2003.

5.  In support of his application the applicant provides the following documents:

   a.  Certificate of Achievement that shows the applicant was recognized for outstanding service and support during OIF 2003–2004.
   b.  DA Form 638 that shows Headquarters, 220th MP Brigade, Camp Arifjan, Kuwait, Permanent Order Number 009-135, dated 11 January 2004, awarded the applicant the ARCOM for meritorious service during OIF from 7 February 2003 to 15 December 2004.  Part III (Justification and Citation Data) shows, in pertinent part –

* "While assigned to LSA [Logistics Support Activity] Anaconda [Iraq] during OIF, [applicant] conducted convoy security escorts and MSR [Main Supply Route] patrols on a daily basis along the theater MSR."
* "For five months while conducting missions in the Kuwait area of responsibility, [applicant] conducted daily convoy security missions, between the APOD [Army Post Office Detachment] and coalition base camps."

6.  During the processing of this case, an ABCMR staff member contacted the applicant to determine if he could provide additional details concerning his service in Kuwait and Iraq.  On 19 September 2015, the applicant indicated his unit initially deployed to Kuwait in April 2003, entered Iraq in June, and returned to Kuwait in December 2003 to redeploy to the continental United States.

7.  A review of the applicant's military personnel record reveals that he may be entitled to additional awards not shown on his 28 January 2004 DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  

	a.  The National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and
11 September 2001 and a date to be determined.  Second and subsequent awards of the NDSM are denoted by a bronze service star affixed to the NDSM.
	
	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 (GWOT) 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 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.  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.
   c.  The ICM is authorized for award to members of the Armed Forces of the United States who served in direct support of OIF.  The AOE encompasses all land area of the country of Iraq and 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.

	 	(1)  The ICM period of eligibility is on or after 19 March 2003 to 31 December 2011 (the cessation of OIF).

    	(2)  A bronze service star is authorized with this service medal for each Iraq campaign a member is credited with participating in.  During the applicant's period of service in Iraq, participation credit was awarded for the –

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

	d.  The 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 GWOT operations outside of the AOE designated for award of the GWOTEM, Afghanistan Campaign Medal, or ICM.  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 or 60 nonconsecutive days are authorized the GWOTSM.

8.  Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214.  It shows for item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show all of his authorized awards.

2.  The evidence of record shows the applicant was ordered to active duty on
7 February 2003 and he served in SWA from 25 April 2003 to 24 December 2003.  The evidence of record also shows his service in SWA included Kuwait (five months) and Iraq (three months).

3.  He was awarded the NDSM for his honorable active service during the period 22 January 1991 through 6 April 1991.  His honorable active service during the period 7 February 2003 through 28 January 2004 qualified him for a second award of the NDSM, which entitles him to one bronze service star for wear on his already-awarded NDSM.

4.  The applicant's five months of service in Kuwait in support of GWOT operations qualified him for award of the GWOTEM and his three months of service in Iraq in support of OIF qualified him for award of the ICM with two bronze service stars.  In addition, his service outside of the AOE designated for award of the GWOTEM/ICM qualified him for award of the GWOTSM.

5.  Permanent orders awarded him the ARCOM.

6.  His 6 April 1991 DD Form 214 shows he was also awarded, in pertinent part, the –

* Army Achievement Medal
* Army Reserve Components Achievement Medal
* Sharpshooter Marksmanship Qualification Badge with Machinegun (M-60) Bar
* Marksman Marksmanship Qualification Badge with Rifle (M-16) and Pistol (.45 caliber) Bars

7.  In view of the foregoing, it would be appropriate to correct the applicant's 
28 January 2004 DD Form 214 to show his awards and decorations, as recommended below.

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:

   a.  deleting from item 13 of his 28 January 2004 DD Form 214 the "National Defense Service Medal" and

   b.  adding the following awards to item 13 of his 28 January 2004 DD Form 214:

* Army Commendation Medal
* Army Achievement Medal
* Army Reserve Components Achievement Medal
* National Defense Service Medal with 1 Bronze Service Star
* Iraq Campaign Medal with 2 Bronze Service Stars
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Sharpshooter Marksmanship Qualification Badge with Machinegun
(M-60) Bar
* Marksman Marksmanship Qualification Badge with Rifle (M-16) and Pistol (.45 caliber) Bars




      _______ _   __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)                                         AR20150002559



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ABCMR Record of Proceedings (cont)                                         AR20150002559



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