IN THE CASE OF:	  

		BOARD DATE:	  	  

		DOCKET NUMBER:  AR20080010011



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 award of the Iraq Campaign Medal and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show foreign service in support of Operation Iraqi Freedom (OIF) in lieu of Operation Enduring Freedom (OEF) and award of the Iraq Campaign Medal.

2.  The applicant states that his DD Form 214 currently lists OEF with no campaign medal and that his service was performed in Baghdad, Iraq, in support of OIF rather than in Afghanistan in support of OEF.  He states that his deployment dates were 15 May 2003 to 6 December 2003.

3.  The applicant provides copies of his DD Form 214 and North Atlantic Treaty Organization (NATO) travel orders in support of his application.

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's military service records show that he enlisted in the Regular Army on 7 July 1983.  He completed basic training and advanced individual training and was awarded the military occupational specialty 19D (Cavalry Scout).

3.  The applicant's DD Form 214 for the period ending 28 June 1985 shows that he was honorably released from active duty at the completion of his term of service and transferred to Company A, 6th Battalion, 68th Armor Regiment [U.S. Army Reserve (Troop Program Unit)].  His DD Form 214 shows that he served a total of 1 year, 11 months, and 22 days of creditable active military service during this period.  The highest rank he achieved was corporal/pay grade E-4.

4.  The Human Resources Command Integrated Web Services, a web-based collection of data, applications, and tools to assist in supporting Active Army, Army Reserve, and Army National Guard Soldiers, veterans, retirees, family members, and other stakeholders, shows that the applicant was mobilized on or about 24 February 2003 in support of Operation Enduring Freedom for a period of 320 days with a campaign end date of 9 January 2004.

5.  U.S. Army Combined Arms Support Command and Fort Lee NATO Travel Order 133-00001, dated 13 May 2003, shows that the applicant was authorized to travel from the U.S. to Kuwait City, Kuwait, on or about 14 May 2003 under the terms of the NATO Status of Forces Agreement.

6.  DA Form 2166-8 (Noncommissioned Officer Evaluation Report) for the period October 2002 through September 2003 shows that the applicant was assigned to the 443d Military Police Company (Guard) stationed at Camp Cropper.  His daily duties and scope show that he was responsible for the platoon’s administration, supply and logistics issues, and maintenance of vehicles and equipment while conducting military police operations in Camp Cropper, Baghdad, Iraq, in support of Operation Iraqi Freedom.

7.  The applicant’s DD Form 214 for the period ending 9 January 2004 shows that he served in Southwest Asia from 15 May 2003 through 6 December 2003 while assigned to the 443d Military Police Company (Guard).


8.  The applicant's DD Form 214 for the period ending 9 January 2004 shows that he was honorably released from active duty for completion of his required active service.  His DD Form 214 shows that he served a total of 10 months and 16 days of creditable active military service during this period.  The highest rank he achieved was sergeant first class/pay grade E-7.

9.  Item 12f (Foreign Service) of the applicant’s DD Form 214 for the period ending 9 January 2004 shows that the applicant served outside of the continental U.S. for a period of 6 months and 22 days.

10.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 for the period ending 9 January 2004 shows that the applicant was awarded the Army Commendation Medal, Army Achievement Medal (5th Award), Army Reserve Components Achievement Medal (4th Award) National Defense Service Medal (2d Award), Armed Forces Reserve Medal, Armed Forces Reserve Medal with “M” Device (2d Award), Noncommissioned Officer Professional Development Ribbon with Numeral 3, Army Service Ribbon, and Overseas Service Ribbon.

11.  Item 13 of the applicant’s DD Form 214 for the period ending 9 January 2004 does not show that the applicant was awarded the Iraq Campaign Medal.

12.  Item 18 (Remarks) of the applicant’s DD Form 214 for the period ending 9 January 2004 shows that the applicant was ordered to active duty in support of OEF in accordance with Title 10, U.S. Code, Section 12302.  Item 18 also shows that he served in Southwest Asia from 15 May 2003 to 6 December 2003, and that he served in a designated imminent danger pay area.

13.  Headquarters, 99th Regional Readiness Command, Orders 05-098-00015, dated 8 April 2005, show that the applicant was released from his current assignment and reassigned to the Retired Reserve effective 7 May 2005.

14.  Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal must have served in direct support of OIF.  The area of eligibility encompasses all 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 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 applicant’s request for award of the Iraq Campaign Medal and correction of his DD Form 214 to show foreign service in support of OIF in lieu of OEF and subsequent award of the Iraq Campaign Medal was carefully considered and determined to have merit.

2.  The applicant’s military service records show that he was assigned to the 443d Military Police Company (Guard) stationed at Camp Cropper, Baghdad, Iraq, in support of OIF during the period 15 May 2003 through 6 December 2003. Therefore, his DD Form 214 for the period ending 9 January 2004 should now be corrected to show that he was ordered to active duty in support of OIF.

3.  As stated, the applicant’s military service records show that he was assigned to the 443d Military Police Company (Guard) stationed at Camp Cropper, Baghdad, Iraq, in support of OIF during the period 15 May 2003 through 6 December 2003.  Therefore, he is entitled to award of the Iraq Campaign Medal.

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 pertaining to the individual concerned be corrected by awarding him the Iraq Campaign Medal and amending his DD Form 214 to show foreign service in support of OIF in lieu of OEF and award of the Iraq Campaign 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.



ABCMR Record of Proceedings (cont)                                         AR20080010011





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ABCMR Record of Proceedings (cont)                                         AR20080010011



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