BOARD DATE: 25 April 2017 DOCKET NUMBER: AR20160002034 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 BOARD DATE: 25 April 2017 DOCKET NUMBER: AR20160002034 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 adding to his DD Form 214: * Iraq Campaign Medal with two bronze service stars * Global War on Terrorism Service Medal * Korea Defense Service 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 the Global War on Terrorism Expeditionary Medal, Armed Forces Expeditionary Medal, and the Combat Infantryman Badge. ____________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: 25 April 2017 DOCKET NUMBER: AR20160002034 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 the Iraq Campaign Medal (ICM), Global War on Terrorism Expeditionary Medal (GWOTEM), Global War on Terrorism Service Medal (GWOTSM), Armed Forces Expeditionary Medal (AFEM) (whichever he is entitled to), and any other awards, including but not limited to the Combat Infantryman Badge (CIB). 2. The applicant states that other members of his unit received these medals and they told him to apply for the medals. He also says that some of the medals did not exist when he got out of the military. 3. The applicant provides a 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 (RA) on 27 June 1996. After completing training he was awarded military occupational specialty (MOS) 14S (Avenger Crewmember). 3. His DA Form 2-1 (Personnel Qualification Record) item 5 (Oversea Service) shows he served in Korea from 11 November 2001 to 7 November 2002. 4. The applicant's DD Form 214 shows he was honorably released from active duty on 2 September 2003 and transferred to the U.S. Army Reserve Control Group (Reinforcement). During this period he completed 7 years, 2 months, and 6 days of net active service. It also shows in: a. Item 12f (Foreign Service) – 1 year, 2 months, and 24 days. b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – * Army Achievement Medal (2nd Award) * Army Commendation Medal * Army Good Conduct Medal (2nd Award) * National Defense Service Medal * Noncommissioned Officer’s Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon * Air Assault Badge * Driver and Mechanic Badge c. Item 18 (Remarks) – in pertinent part, the entry "SERVICE IN IRAQ 20030228-20030524." REFERENCES: 1. 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 the Global War on Terrorism Operations (GWOT) 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. Effective 30 April 2005, the GWOTEM was no longer authorized to be awarded for service in Iraq; however, service members who qualified for the GWOTEM by reason of service between 19 March 2003 and 30 April 2005 in an area for which the ICM was subsequently authorized shall remain qualified for the GWOTEM. Upon application, a service member may be awarded the ICM in lieu of the GWOTEM for such service; however, no service member shall be entitled to award of the ICM and the GWOTEM for the same act, achievement or period of service. b. The ICM is authorized for award to members of the Armed Forces of the United States who served in direct support of Operation Iraqi Freedom (OIF). The AOE encompasses all land area of the country of Iraq and 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) Only one award of the ICM may be authorized for any individual. No service member will be entitled to both the ICM and GWOTEM for the same act, achievement, or period of service. Upon application, a service member may be authorized the ICM in lieu of the GWOTEM for such service. (3) This regulation also provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in the regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the ICM. Approved campaigns include – * Liberation of Iraq (19 March 2003-1 May 2003) * Transition of Iraq (2 May 2003-28 June 2004) c. The GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in or served in support of GWOT outside of the designated AOE determined for award of the GWOTEM on or after 11 September 2001 to a date to be determined. d. The CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. e. The AFEM is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods. An individual who was not engaged in actual combat or equally-hazardous activity must have been a bona fide member of a unit participating in or be engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days, provided this support involved entering the area of operations. The AFEM will be awarded only for operations for which no other United States campaign medal is approved. f. The Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days. 2. Army Regulation 635-5 (Personnel Separations – Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, the source documents for entering information on the DD Form 214 will be the Enlisted/Officer Record Brief, separation approval authority documentation, separation orders, or any other document authorized for filing in the official military personnel file. Item 13 states to list awards and decorations for all periods of service. Each entry will be verified by the Soldier's records. DISCUSSION: 1. The applicant contends his DD Forms 214 should be corrected to show the ICM, GWOTEM, GWOTSM, AFEM, and including but not limited to the CIB. 2. The evidence of record shows the applicant served in Iraq from 28 February 2003 through 24 May 2003. Notwithstanding this entry on his DD Form 214, the start of combat operations into Iraq occurred on 19 March 2003. (It is generally accepted that units arrived in theater in Kuwait and then moved forward into Iraq when so ordered.) Therefore, he served a qualifying period of service for award of the ICM. The applicant served in Iraq during two campaigns which entitles him to two bronze service stars. The ICM with two bronze service stars does not show on his DD Form 214. 3. The applicant served a qualifying period of service for award of the GWOTSM, which is not shown on his DD Form 214. 4. The evidence of record shows he served in Korea from 11 November 2001 through 7 November 2002. The applicant served a qualifying period of service for award of the KDSM, which is not shown on his DD Form 214. 5. With respect to award of the GWOTEM, by regulation service members who qualified for the GWOTEM by reason of service between 19 March 2003 and 30 April 2005 in an area for which the ICM was subsequently authorized shall remain qualified for the GWOTEM; however, no service member shall be entitled to award of the ICM and the GWOTEM for the same act, achievement or period of service. Therefore, award of the ICM disqualifies him from receiving the GWOTEM for the same period of service. 6. With respect to the AFEM, this award is not authorized for service in Iraq. Furthermore, there is no evidence he served in any other location during an operation for which the AFEM was authorized. 7. With respect to the CIB, by regulation the CIB is awarded to Soldiers who have an infantry MOS and are assigned to infantry units. As the applicant did not hold an infantry MOS, by regulation he is not eligible for this badge. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002034 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002034 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2