BOARD DATE: 23 May 2017 DOCKET NUMBER: AR20150018547 BOARD VOTE: __x_______ _x______ __x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 23 May 2017 DOCKET NUMBER: AR20150018547 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 adding the following awards to his DD Form 214 for the period ending 7 May 2003: * Iraq Campaign Medal with one bronze service star * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service 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. BOARD DATE: 23 May 2017 DOCKET NUMBER: AR20150018547 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 7 May 2003 to show the following awards: * Global War on Terrorism Service Medal (GWOTSM) * Global War on Terrorism Expeditionary Medal (GWOTEM) * Iraq Campaign Medal (ICM) 2. The applicant states: a. While serving as a first lieutenant platoon leader assigned to Troop D, 10th Cavalry Regiment, 3d Brigade, 3d Infantry Division, he was deployed to Anniston Army Depot and provided security operations for approximately 45 days shortly after 11 September 2001. This deployment in support of Operation Noble Eagle is referenced in his officer evaluation report (OER), dated 1 December 2001. b. While serving as a captain executive officer assigned to Troop D, 10th Cavalry Regiment, 3d Brigade, 3d Infantry Division, he deployed to Kuwait in support of Operation Enduring Freedom on or about 30 December 2002. He remained in Kuwait for 75-plus days prior to commencement of the Operation Iraqi Freedom ground attack. c. While serving as a captain executive officer assigned to Troop D, 10th Cavalry Regiment, 3d Brigade, 3d Infantry Division, he was a part of the initial ground attack into Iraq on or about 20 March 2003. His unit was involved in multiple armed engagements during the ground offensive. d. In January 2015, he reentered the military as a captain in the U.S. Air Force Reserve. He previously separated from active duty in the Army on 7 May 2003. Thus, he was out of the military for approximately 11 years. During the time period that he was out of the military, he was unaware of his entitlement to these awards until he entered service in the Air Force. 3. The applicant provides: * DA Form 67-9 (Officer Evaluation Report) covering the period 28 July 2001 through 1 December 2001 * deployment orders, dated 12 December 2002 * unit history * photographs 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 second lieutenant in the U.S. Army Reserve on 8 May 1999 and he was ordered to active duty for a period of 4 years. 3. He provided his OER covering the period 28 July 2001 through 1 December 2001 showing his unit deployed in support of Operation Noble Eagle. 4. The Defense Finance and Accounting Service confirmed he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait from 1 March 2002 to 30 September 2002. 5. He was promoted to captain effective 1 October 2002. 6. He provided deployment orders, dated 12 December 2002, showing his unit deployed in support of Operation Enduring Freedom in Kuwait on or about 30 December 2002. 7. His OER covering the period 1 December 2002 through 1 April 2003 states "He has once again demonstrated his technical expertise, flawlessly directing the logistical preparation and redeployment of the Troop to Kuwait in support of Operation Enduring Freedom" and "The troop's extraordinary success during combat operations in Iraq reflects directly on his comprehensive support and expertise." 8. On 7 May 2003, he was honorably released from active duty. 9. His DD Form 214 for the period ending 7 May 2003 shows he was awarded or authorized the: * Army Commendation Medal * Army Achievement Medal * National Defense Service Medal * Armed Forces Expeditionary Medal * Army Service Ribbon * Parachutist Badge REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The ICM is awarded to members of the Armed Forces of the United States who 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 ICM 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 2003-1 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) 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 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. (1) 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. (2) Initial award of the GWOTEM was limited to service members deployed abroad in Operation Enduing Freedom and Operation Iraqi Freedom in designated specific geographic AOE, including Kuwait. c. The GWOTSM is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the AOE designated for award of the GWOTEM, Afghanistan Campaign Medal, or ICM. All Soldiers serving 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. DISCUSSION: 1. The applicant served a qualifying period for award of the GWOTSM. His DD Form 214 does not show this medal. 3. Based on his service in Kuwait from 1 March 2002 to 30 September 2002, he is authorized award of the GWOTEM. His DD Form 214 does not show this medal. 2. His deployment orders and OER confirm he deployed a second time to Kuwait in support of Operation Enduring Freedom on or about 30 December 2002 and was further deployed to Iraq from on or about 19 March 2003 (the date operations in Iraq began) to approximately 1 April 2003. 4. Based on his service in Iraq in support of Operation Iraqi Freedom and participation in one campaign, he is authorized award of the ICM with one bronze service star. His DD Form 214 does not show this medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018547 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018547 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2