IN THE CASE OF:
BOARD DATE: 30 SEPTEMBER 2008
DOCKET NUMBER: AR20080006716
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 his records be corrected to reflect his service in Iraq and award of the Iraq Campaign Medal.
2. The applicant states that he served in Iraq and his DD Form 214 does not reflect his service in Iraq and the Iraq Campaign Medal.
3. The applicant provides a copy of his award of the Army Commendation Medal (ARCOM), a copy of his NATO Travel Orders and 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient basis to waive the statute of limitations for timely filing.
2. After serving previous enlistments in the Active and Reserve Components, the applicant enlisted in the Regular Army in the pay grade of E-4 on 12 April 2005 for a period of 3 years. He was assigned to Fort Bragg, North Carolina.
3. On 21 September 2005, orders were published at Fort Bragg that directed a temporary change of station (TCS) of the applicant, along with others, to Turkey and then to Iraq on or about 3 November 2005, in support of Operation Iraqi Freedom. The deployment was for a period of up to 365 days.
4. On 19 May 2006, orders were published in Iraq awarding the applicant the ARCOM for the period of 18 November 2005 to 28 October 2006.
5. The applicant was returned to Fort Bragg where he remained until he was honorably discharged on 25 April 2008, due to completion of required service. His DD Form 214 that was issued at the time of his discharge shows that he was awarded the ARCOM, the Army Achievement Medal, the Meritorious Unit Commendation, the National Defense Service Medal, the Global War on Terrorism Service Medal, the Army Service Ribbon, the Driver and Mechanic Badge with mechanic and wheeled vehicle bars, and the Parachutist Badge.
6. Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation IRAQI FREEDOM (OIF). The area of eligibility encompasses all land area of the country of Iraq, and 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 to a future date to be determined by the Secretary of Defense or the cessation of OIF. Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal. Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service. No service member will be entitled to both medals for the same act, achievement or period of service.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his service in Iraq and award of the Iraq Campaign Medal were omitted from his DD Form 214 has been considered and found to have merit.
2. The applicant served in Iraq from 18 November 2005 to 28 October 2006 and was entitled to award of the Iraq Campaign Medal.
3. Accordingly, his records should show that he served in Iraq from 18 November 2005 to 28 October 2006 and was awarded the Iraq Campaign Medal.
BOARD VOTE:
__XXX __ __XXX__ __XXX__ 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 showing that the applicant served in Iraq from 18 November 2005 to 28 October 2006 and was awarded the Iraq Campaign Medal.
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.
___ XXX ___
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) AR20080006716
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