IN THE CASE OF:	  

		BOARD DATE:	  13 August 2009

		DOCKET NUMBER:  AR20080019391 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued on 19 January 2005, which will simply be referred to as his DD Form 214 throughout the remainder of these proceedings, be corrected to show the award of the Army Commendation Medal with "V" (for Valor) Device.  He also requests that he be awarded the Iraq Campaign Medal (ICM) in lieu of his already-awarded Global War on Terrorism Expeditionary Medal (GWOTEM).

2.  The applicant essentially states that he was medically evacuated from Iraq before he received the Army Commendation Medal with "V" Device, and that when he received the documentation for this award, a personnel clerk told him that it was not possible to amend his DD Form 214 at her level.  In an electronic mail message, dated 28 July 2009, the applicant confirmed that he wishes to be awarded the ICM in lieu of the GWOTEM that he was awarded for his service in Iraq.

3.  The applicant provides a DA Form 638 (Recommendation for Award) and certificate that awarded him the Army Commendation Medal with "V" Device; his DD Form 214 for the period 13 January 2002 to 18 May 2002; and his DD Form 214 and orders, dated 7 January 2005, which discharged him on 19 January 2005 in support of this 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 records show that he enlisted in the United States Army Reserve (USAR) on 25 April 1989.  After completing initial entry training, he was awarded military occupational specialty 91A (Medical Specialist).  On 30 October 1991, he enlisted in the Maryland Army National Guard.  On 1 December 1995, he was honorably discharged from the Maryland Army National Guard and transferred to the USAR Control Group (Reinforcement).  On 9 February 1999, he was commissioned a second lieutenant in the USAR.  He entered active duty for training (ADT) on 13 January 2002, completed the Basic Officer Leader Course and the Infantry Officer Basic Course, then was released from ADT on 18 May 2002.  He reentered active duty on 28 May 2002 and was stationed at Fort Hood, Texas.  He served in Iraq from 17 March 2004 to 20 July 2004.  On 19 January 2005, he was honorably discharged with disability severance pay.  His DD Form 214 shows that he was awarded the GWOTEM, the Global War on Terrorism Service Medal, the Army Reserve Components Achievement Medal, the National Defense Service Medal (2nd Award), the Army Service Ribbon, the Combat Infantryman Badge, and the basic Parachutist Badge.

3.  The applicant's DD Form 214 does not show the award of the Army Commendation Medal with "V" Device, but he provided a DA Form 638 and certificate which awarded him the Army Commendation Medal with "V" Device for valor on 7 April 2004 by Headquarters, 39th Brigade Combat Team, Permanent Order Number 145-01, dated 24 May 2004.

4.  The applicant's DD Form 214 shows that he was awarded the GWOTEM for his service in Iraq, but he has requested that he be awarded the ICM in lieu of the GWOTEM.  MILPER Message Number 08-123, dated 30 April 2008, provided guidance on the criteria, applicability, and standards on awarding service stars on the ICM.  One bronze service star shall be awarded for 1 or more days of participation in each designated campaign phase.  Based upon the applicant's service in Iraq from 17 March 2004 to 20 July 2004, he participated in the Transition of Iraq campaign (2 May 2003 to 28 June 2004) and the Iraqi Governance campaign (29 June 2004 to 15 December 2005).

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that individuals authorized the ICM must have served in direct support of Operation Iraqi Freedom.  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 ICM 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 Operation Iraqi Freedom.  Service members qualified for the GWOTEM by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such 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:  (1) 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; (2) is wounded or injured and requires medical evacuation from the area of eligibility, or (3) 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 1 day of eligibility.  Under no condition will a Soldier receive both the ICM and the GWOTEM for the same action, time period, or service.

6.  Paragraph 5-1 of Army Regulation 600-8-22 states that orders are not published for service medals, but they are annotated on records by the personnel officer.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the award of the Army Commendation Medal with "V" Device.  He also requests that he be awarded the ICM in lieu of his already-awarded GWOTEM.

2.  Orders awarded the applicant the Army Commendation Medal with "V" Device, but it is not listed on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show the award of the Army Commendation Medal with "V" Device.

3.  The applicant has formally requested to be awarded the ICM in lieu of his already-awarded GWOTEM.  He also participated in two campaigns during his service in Iraq.  Therefore, it would be appropriate at this time to award him the ICM with two bronze service stars, and to remove the GWOTEM from his military records.  Under no condition will the applicant be allowed to receive both the ICM and the GWOTEM for his service in Iraq from 17 March 2004 to 20 July 2004.

BOARD VOTE:

___X____  ___X___  ___X____  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 deleting the Global War on Terrorism Expeditionary Medal from his DD Form 214 for the period ending 19 January 2005 and adding the Army Commendation Medal with "V" Device and the Iraq Campaign Medal with two bronze service stars.

2.  The Board wants to thank the applicant for the sacrifices he made in service to the United States during Operation Iraqi Freedom.  The applicant and all Americans should be justifiably proud of his honorable service in arms.



      __________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)                                         AR20080019391



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ABCMR Record of Proceedings (cont)                                         AR20080019391



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