IN THE CASE OF: BOARD DATE: 28 August 2014 DOCKET NUMBER: AR20140000931 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, that the awards of the Global War on Terrorism Service Medal (GWOTSM) and Iraq Campaign Medal (ICM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states the two awards are not reflected on his DD Form 214. 3. The applicant provides an incomplete copy of 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 2000 for a period of 3 years and training as a heavy wheeled vehicle mechanic. He completed his training and deployed to Iraq/Kuwait during the period 20030322 – 20030817, a period of 4 months and 25 days of foreign service. 3. In November 2003, he was honorably released from active duty (REFRAD) at Fort Drum, New York and his DD Form 214 shows no foreign service in item 12f. It does show that he was awarded the Army Commendation Medal, Army Achievement Medal, National Defense Service Medal, Army Service Ribbon, and his marksmanship badges. 4. A review of the available records failed to show any derogatory information or action by the commander to disqualify the applicant for award of the Army Good Conduct Medal (AGCM). 5. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom. The area of eligibility 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 include: * Liberation of Iraq (19 March 2003-1 May 2003) * Transition of Iraq (2 May 2003-28 June 2004) 6. Army Regulation 600-8-22 states GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or ICM. All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM. 7. Army Regulation 600-8-22 states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service. Although there is no automatic entitlement to the AGCM, disqualification must be justified. 8. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214 and provides all foreign service performed during the period covered by the DD Form 214 will be entered in item 12f. DISCUSSION AND CONCLUSIONS: 1. The applicant served 4 months and 25 days of foreign service in Iraq/Kuwait and is entitled to have that service entered in item 12f of his DD Form 214. 2. He also served during qualifying periods for awards of the ICM with two bronze service stars and the GWOTSM. Accordingly, they should be added to his DD Form 214 at this time. 3. The applicant’s records contain no derogatory information and no action by the commander to disqualify him for award of the AGCM. Accordingly, he should be awarded the AGCM (1st Award) for the period 5 July 2000 to 4 July 2003. BOARD VOTE: ____X____ ____X____ ____X____ GRANT FULL RELIEF ________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Deleting the entry “0000 00 00” from item 12f of his DD Form 214 * Entering the entry “0000 04 25” to item 12f of his DD Form 214 * Adding the awards of the AGCM (1st Award), GWOTSM and ICM with two bronze service stars to his DD Form 214 2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms. _______ _ _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) AR20140000931 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140000931 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1