IN THE CASE OF:	  

		BOARD DATE:	  	  18 December 2008

		DOCKET NUMBER:  AR20080016800 


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, award of the Iraq Campaign Medal and any other military awards related to his service in Iraq.

2.  The applicant states, in effect, that his discharge document shows his service in Iraq, but does not show award of the Iraq Campaign Medal.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 25 January 2004.

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 personnel records show that he enlisted in the U.S. Army Reserve on 1 February 1990.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 95B (Military Police).

3.  The applicant’s military personnel records contain a copy of Headquarters, U.S. Army 77th Regional Support Command, Fort Totten, Flushing, New York, Orders M-039-0032, dated 8 February 2003, that show he was ordered to active duty for a period of 365 days on 7 February 2003 in support of Operation Enduring Freedom.  These orders also show the applicant was ordered to report to the 812th Military Police Company (Combat Support), Orangeburg, New York on 7 February 2003.

4.  The applicant’s military personnel records contain a DD Form 214 that shows he entered active duty this period on 7 February 2003 and was honorably released from active duty on 25 January 2004 based upon completion of required active service.  At the time he had completed 0 years, 11 months, and 19 days net active service this period; 1 year, 0 months, and 29 days total prior active service; and 0 years, 8 months, and 3 days of foreign service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Commendation Medal, Army Achievement Medal, Army Reserve Components Achievement Medal (3rd Award), National Defense Service Medal (2nd Award), Armed Forces Reserve Medal with Ten-Year Device and “M” (Mobilization) Device (2nd Award), Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, and Army Reserve Components Overseas Training Ribbon.  Item 18 (Remarks), in pertinent part, shows he was ordered to active duty in support of Operation Enduring/Iraqi Freedom and he served in Iraq/Kuwait from 16 April 2003 through 18 December 2003.

5.  Army Regulation 600-8-22 (Military Awards) provides for award of the Iraq Campaign Medal to individuals who 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 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 engaged in combat during an armed engagement, regardless of the time in the area of eligibility.  No service member will be entitled 


to both the Global War on Terrorism Expeditionary Medal and the Iraq Campaign Medal for the same act, achievement or period of service.  Precedence for the Iraq Campaign Medal will be positioned below the Afghanistan Campaign Medal and above the Global War on Terrorism Expeditionary Medal.

6.  Army Regulation 600-8-22 provides, in pertinent part, that a bronze service star is authorized to be worn on the Iraq Campaign Medal for participation in each of the following campaigns:  Liberation of Iraq (19 March 2003 to 1 May 2003), Transition of Iraq (2 May 2003 to 28 June 2004), Iraqi Governance
(29 June 2004 to 15 December 2005), and National Resolution (16 December 2005 to a date to be determined).

7.  Army Regulation 600-8-22 provides for award of the Global War on Terrorism Service Medal.  This award is designated for Soldiers who have participated in or served in support of Global War on Terrorism Operations, outside of the designated area of eligibility determined for award of the Global War on Terrorism Expeditionary Medal, on or after 11 September 2001 to a date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or Army National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined, having served 30 consecutive days or 60 nonconsecutive days are authorized this award.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show award of the Iraq Campaign Medal and any other awards related to his military service in Iraq.

2.  The evidence of record shows that the applicant qualified for award of the Iraq Campaign Medal for his service in direct support of Operation Iraqi Freedom.  The evidence of record also shows the applicant participated in the Liberation of Iraq and Transition of Iraq campaigns.  Therefore, his records should be corrected to show award of the Iraq Campaign Medal with 2 bronze service stars.

3.  The evidence of record shows the applicant qualified for award of the Global War on Terrorism Service Medal for his service in support of the Global War on Terrorism outside the area of operations from 7 February 2003 to 15 April 2003.  Therefore, his records should be corrected to show this service 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 adding to Item 13 of his DD Form 214 the Iraq Campaign Medal with 2 bronze service stars and Global War on Terrorism Service 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)                                         AR20080016800



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ABCMR Record of Proceedings (cont)                                         AR20080016800



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