IN THE CASE OF:	  

		BOARD DATE:	        7 April 2009

		DOCKET NUMBER:  AR20080016058 


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 award of the Army Commendation Medal, the Army Achievement Medal, and the Iraq Campaign Medal.

2.  The applicant states, in effect, that his DD Form 214 does not show the requested awards. 

3.  The applicant provides a copy of his DD Form 214, dated 18 June 2004; a copy of a certificate, dated 9 February 2002, showing award of the Army Achievement Medal; and a copy of a certificate, dated 26 June 2003, showing award of the Army Commendation Medal in support of his request.

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.  With prior service, the applicant's records show he enlisted in the Regular Army on 25 May 2001.  He completed advanced individual training and was awarded military occupational specialty 21F (Crane Operator).  He was honorably discharged for parenthood on 18 June 2004.

3.  The applicant's records also show he served in Iraq from 17 April 2003 to 9 December 2003.  He was assigned to the 608th Ordnance Company, 142nd Corps Support Battalion.

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Global War on Terrorism Service Medal, the Global War on Terrorism Expeditionary Medal, the National Defense Service Medal, the Army Lapel Button, and the Army Service Ribbon.

5.  Headquarters, 13th Corps Support Battalion, Fort Benning, GA, Permanent Order Number 059-35, dated 9 February 2002, shows the applicant was awarded the Army Achievement Medal for meritorious achievement from 5 January 2002 to 9 February 2003.

6.  Headquarters, 168th Corps Support Group, Iraq, Permanent Order Number 177-22, dated 26 June 2003, shows the applicant was awarded the Army Commendation Medal for meritorious service from 17 April 2003 to 19 June 2003.

7.  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.  Only one award of the Iraq Campaign Medal may be authorized for any individual and under no condition will personnel receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service. No service member will be entitled to both medals for the same act, achievement, or period of service.  Service members must have been assigned, attached, or mobilized to units operating in the area 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, while participating in an operation or on official duties,

	b.  is wounded or injured and requires medical evacuation from the area of eligibility, or 

	c.  while participating 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. 

8.  A directive issued by the Department of Defense on 16 April 2008 designated four phases of Operation Iraqi Freedom as qualifying for a campaign star.  The applicant's records show that he participated in the Liberation of Iraq, 19 March 2003 to 1 May 2003, and the Transition of Iraq, 2 May 2003 to 28 June 2004, campaigns during his tour of duty in Iraq.  This same regulation states that a bronze service star will be awarded for wear on the Iraq Campaign Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Army Commendation Medal and the Army Achievement Medal which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  With respect to award of the Iraq Campaign Medal, the applicant’s records show he was awarded the Global War on Terrorism Expeditionary Medal for his service in Iraq from 17 April 2003 to 9 December 2003.  His records do not show any other period of service in Iraq.  Only one award of the Iraq Campaign Medal may be authorized for any individual and under no condition will personnel receive the Iraq Campaign Medal or the Global War on Terrorism Expeditionary Medal for the same action, time period, or service.  The applicant is, in effect, electing to receive the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.  Therefore, he is entitled to correction of his records to show award of the Iraq Campaign Medal.  Furthermore, the applicant participated in two campaigns while serving in Iraq and is therefore entitled to award of two bronze service stars to be affixed to 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 of the individual concerned be corrected by:

	a.  deleting award of the Global War on Terrorism Expeditionary Medal from item 13 of his DD Form 214; and 

	b.  adding award of the Army Commendation Medal, the Army Achievement Medal, and the Iraq Campaign Medal with two bronze service stars to the applicant's DD Form 214.


																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)                                         AR20080016058



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ABCMR Record of Proceedings (cont)                                         AR20080016058



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