IN THE CASE OF: BOARD DATE: 29 September 2015 DOCKET NUMBER: AR20150003131 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 his DD Form 214 be updated to show award of the Iraq Campaign Medal and a second Army Commendation Medal. 2. The applicant states he was awarded the second Army Commendation Medal after he had been released from active duty. He served in Iraq from 7 September 2003 through 24 September 2004. 3. The applicant provides copies of a DA Form 638 (Recommendation for Award), an Army Commendation Medal Certificate, and 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 served on active duty in the Regular Army from 12 July 2000 through 22 December 2004. 3. His available record contains orders for – * an Army Achievement Medal * an Army Commendation Medal for the period 4 September 2003 to 31 August 2004 * an Army Commendation Medal for meritorious service for the period 1 December 2000 to 31 January 2005 * Driver and Mechanic Badge with Driver "T" Bar 4. His DD Form 214 shows – * 1 year, 4 months, and 22 days of foreign service * service in Kuwait/Operation Desert Spring "20010813 - 20011217" * service in Operation Iraqi Freedom "20030908-20040924" * award of Army Lapel Button, Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Armed Forces Expeditionary Medal, Global War On Terrorism Service Medal, Global War On Terrorism Expeditionary Medal, Noncommissioned Officer's Professional Development Ribbon, Army Service Ribbon, Driver And Mechanic Badge with Driver "T" Bar 5. The recommendation for the applicant's 2005 Army Commendation Medal shows it as with an Oak Leaf Cluster; the award certificate does not include this denotation. 6. Army Regulation 600-8-22 (Military Awards) provides that – a. The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. For each subsequent award an Oak Leaf Cluster will be awarded to be worn on the medal or ribbon. b. The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF). The area of eligibility (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 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 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) DISCUSSION AND CONCLUSIONS: 1. The applicant was awarded two Army Commendation Medals. Only the first award is included on the DD Form 214. The entry should read Army Commendation Medal (2nd Award). 2. The applicant is authorized award of the Iraq Campaign Medal with two bronze service stars for his period of service in Iraq from 8 September 2003 through 24 September 2004. 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 his DD Form 214 the Army Commendation Medal; and b. adding to his DD Form 214 the Army Commendation Medal (2nd Award) and Iraq Campaign Medal with two bronze service 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. ABCMR Record of Proceedings (cont) AR20150003131 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003131 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1