IN THE CASE OF: BOARD DATE: 5 May 2016 DOCKET NUMBER: AR20150009965 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____X____ ___X_____ __X______ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 5 May 2016 DOCKET NUMBER: AR20150009965 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: a. deleting from item 13 of his DD Form 214 the entry "Global War on Terrorism Expeditionary Medal," and b. adding the following awards to item 13 of his DD Form 214: * Army Achievement Medal * Army Reserve Components Achievement Medal (5th Award) * Iraq Campaign Medal with 2 Bronze Service Stars * Overseas Service Ribbon * Combat Action Badge 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 the Global War on Terrorism Expeditionary Medal with battle 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. IN THE CASE OF: BOARD DATE: 5 May 2016 DOCKET NUMBER: AR20150009965 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Global War on Terrorism Expeditionary Medal (GWOTEM) with two bronze service stars. 2. The applicant states the Department of Defense (DOD) policy superseded the previous GWOTEM battle star policy. DOD Manual (DODM) 1348.33 (Manual of Military Decorations and Awards), Volume 2, now authorizes battle stars for wear on the GWOTEM. 3. The applicant provides a copy 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 was appointed as a Reserve commissioned officer of the Army in the rank of second lieutenant on 22 December 1992. He was promoted to captain on 5 June 2000. 3. A DD Form 214 shows he was ordered to active duty on 10 February 2003, honorably released from active duty on 17 May 2004, and transferred to a U.S. Army Reserve unit. He had completed 1 year, 3 months, and 8 days of net active service this period that included 1 year and 2 days of foreign service in Iraq, Qatar, and Germany during the period 15 April 2003 to 16 April 2004. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), as corrected by a DD Form 215 (Correction to DD Form 214), shows the: * Bronze Star Medal * GWOTEM * Global War on Terrorism Service Medal (GWOTSM) * National Defense Service Medal * Armed Forces Reserve Medal with "M" Device * Army Service Ribbon 4. The applicant was promoted to lieutenant colonel On 4 January 2013. 5. During the processing of this case, an ABCMR staff member contacted the applicant to discuss the GWOTEM criteria and available options. On 25 April 2016, the applicant indicated that based on the new information provided, he preferred award of the Iraq Campaign Medal (ICM) in lieu of the GWOTEM. He also requested correction of his DD Form 214 to show any other awards that he may be authorized. 6. A review of the applicant's military personnel records revealed he may be entitled to additional awards that are not shown on his DD Form 214. a. DA Form 4908-18 (Army Achievement Medal (AAM) Certificate) shows Headquarters, 460th Chemical Brigade, North Little Rock, AR, Permanent Order Number 204-05, awarded the applicant the AAM for meritorious service from 1 September 1998 through 20 May 2000. b. Headquarters, U.S. Army, 90th Regional Readiness Command, North Little Rock, AR, Permanent Orders 41-15, dated 10 February 2006, awarded the applicant the Combat Action Badge (CAB) for actively engaging or being engaged by the enemy during the period 1 July 2003 to 23 February 2004. c. Headquarters and Headquarters Detachment, 450th Chemical Battalion, Houston, TX, memorandum for record, dated 19 May 2010, subject: Army Reserve Components Achievement Medal (ARCAM), shows the commander awarded the applicant the ARCAM (1st – 5th Awards) for the period of service from December 1992 to December 2007. REFERENCES: 1. DODM Number 1348.33, Volumes 2 and 3, dated 23 November 2010, with Change 2, dated 15 May 2015, provide guidance regarding military decorations and awards. a. Paragraph 7 (Global War on Terrorism Expeditionary Medal (GWOTEM) Medal) shows initial award of the GWOTEM was limited to personnel deployed abroad to specific geographic areas of eligibility in support of Operation Enduring Freedom (Afghanistan) or Operation Iraqi Freedom (OIF). b. Table 1 (Summary of Authorized Devices for Defense/Joint Awards and DOD-Wide Awards) lists the GWOTEM and shows the authorized devices for the GWOTEM include Battle Stars, the Arrowhead Device, and Fleet Marine Force Combat Operations Insignia. Footnote 3 shows, "The Battle Star is an authorized device for wear on the GWOTEM and the GWOTEM; however, no battle stars have been approved for wear." 2. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. 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 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. (1) Service members who qualified for the GWOTEM by reason of service before 30 April 2005 in Iraq shall remain qualified for the medal. Any such Soldier may be awarded the Iraq Campaign Medal (ICM) in lieu of the GWOTEM for such service. (2) Soldiers who receive the GWOTEM are not authorized bronze service stars for those campaigns in which the GWOTEM is awarded. b. 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 overseas service, participation credit was awarded for the following campaigns: * Liberation of Iraq (19 March 2003 - 1 May 2003) * Transition of Iraq (2 May 2003 - 28 June 2004) c. The Overseas Service Ribbon (OSR) was established by the Secretary of the Army on 10 April 1981. (1) Effective 1 August 1981, all members of the Active Army, Army National Guard, and U.S. Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. (2) According to the Military Awards Branch at the U.S. Army Human Resources Command, 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. DISCUSSION: 1. The applicant initially requested award of battle stars on the GWOTEM he was awarded for service in Iraq during the period 15 April 2003 to 16 April 2004. 2. The evidence of record shows the battle star is an authorized device for the GWOTEM. However, no battle stars have been approved for wear on the GWOTEM. 3. The applicant has since indicated that he now requests correction of his DD Form 214 to show all of his authorized awards, including the ICM in lieu of the GWOTEM for his service in support of OIF in Iraq. a. The evidence of record shows the applicant may only be awarded either the GWOTEM or the ICM. b. His service in support of OIF in Iraq qualified him for award of the ICM with two bronze service stars. It also qualified him for award of the OSR. 4. The evidence of record also shows: * permanent orders awarded him the AAM * his commander awarded him the ARCOM (5th Award) * permanent orders awarded him the CAB //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009965 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009965 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2