IN THE CASE OF:
BOARD DATE: 28 October 2008
DOCKET NUMBER: AR20080013173
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 that his DD Form 214 be corrected to add the Iraq Campaign Medal with two bronze service stars, and the Global War on Terrorism Expeditionary Medal.
2. The applicant states these medals were not available prior to his separation.
3. The applicant does not provide any additional documents.
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 bases to waive the statute of limitations for timely filing.
2. The applicants military records show that he enlisted in the Regular Amy on 11 July 2000, was awarded the military occupational specialty of cavalry scout, and was promoted to pay grade E-5.
3. He was honorably released from active duty on 30 September 2003 at the expiration of his term of service.
4. The DD Form 214 he was issued shows that he was awarded the Army Commendation Medal, the Army Achievement Medal, the National Defense Service Medal, the Army Service Ribbon, and the Overseas Service Ribbon.
5. The applicants DD Form 214 also shows he served in Iraq from 28 January to 1 August 2003.
6. Military Awards Branch Message, dated 8 April 2005, provides the following implementing instructions for award of the Iraq Campaign Medal. Award of the Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation. The area of eligibility encompasses all land area of the country of Iraq and the contiguous sea area out to 12 nautical miles and the air space above these areas. To qualify for award of this campaign medal, service members must have been assigned or attached to or mobilized with units operating in these areas of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria: a) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; b) be medically evacuated from the area of eligibility for wounds or injuries resulting from participation in an operation or official duties; or c) participates as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations (each day of operations counts as one day of eligibility). This campaign medal may be awarded posthumously.
7. Only one award of the Iraq Campaign Medal may be authorized for any individual. Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal is no longer authorized to be awarded for service in Iraq; however, service members who qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 30 April 2005 in an area for which the Iraq Campaign Medal was subsequently authorized shall remain qualified for the Global War on Terrorism Expeditionary 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; however, no service member shall be entitled to award of the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal for the same act, achievement or period of service.
8. Soldiers are authorized a bronze service star to be affixed on the Iraq Campaign Medal for the following campaigns:
LIBERATION OF IRAQ 19 MAR 2003 1 MAY 2003
TRANSITION OF IRAQ 2 MAY 2003 28 JUN 2004
IRAQI GOVERNANCE 29 JUN 2004 15 DEC 2005
NATIONAL RESOLUTION 16 DEC 2005 DATE TO BE DETERMINED
9. In a telephone conversation on 14 October 2008 between the staff of the Board and the applicant, the applicant elected to receive the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.
DISCUSSION AND CONCLUSIONS:
1. Since the applicants DD Form 214 shows that he served in Iraq from 28 January to 1 August 2003, he is entitled to either the Global War on Terrorism Expeditionary Medal or the Iraq Campaign Medal. The applicant has chosen the Iraq Campaign Medal.
2. The dates of the applicants service in Iraq entitle him to bronze service stars for the Liberation of Iraq (19 March 2003 1 May 2003) and the Transition of Iraq (2 May 2003 28 June 2004) campaigns.
3. As such, it would be appropriate to correct the applicants records as recommended below.
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 showing he was awarded the 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) AR20080013173
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