IN THE CASE OF:	  

		BOARD DATE:	       16 April 2009

		DOCKET NUMBER:  AR20090000976 


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), issued on 11 July 2004, be corrected to show his rank and pay grade as sergeant (E-5) and award of the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.

2.  The applicant states he was promoted while deployed in Iraq.  His DD Form 214 does not list his award of the Iraq Campaign Medal and without this award being shown on his DD Form 214 he cannot obtain specialty license plates. 

3.  The applicant provides copies of his DD Form 214, issued on 11 July 2004; U.S. Army Reserve (USAR) discharge orders, dated 25 January 2005; and USAR promotion orders, dated 15 April 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 enlisted in the U.S. Army Reserve (USAR) on 3 February 1997.

3.  He was ordered to active duty on 24 February 2003 in support of Operation Enduring Freedom.  He served in Kuwait from 19 May through 14 June 2003 and in Iraq from 15 June 2003 through 20 May 2004.

4.  Headquarters, 7th Corps Support Group Permanent Orders 337-110, dated 3 December 2003, awarded the applicant the Army Commendation Medal.

5.  Other than a 1999 Army Achievement Medal, the above cited award is the only award, decoration, or badge for which a source document is included in the applicant's integrated Personnel Electronic Records Management System (iPERMS) record.

6.  Headquarters, 640th Area Support Group Orders 04-106-00032, dated 15 April 2004, promoted the applicant to the rank and pay grade of sergeant 
(E-5) effective 1 April 2004.

7.  The applicant was released from active duty and returned to his USAR unit on 11 July 2004.

8.  The DD Form 214 that he was issued on 11 July 2004 provides the following pertinent information:

	a.  item 4a (Grade, Rate, or Rank) shows specialist;

	b.  item 4b (Pay Grade) shows E-4; 

	c.  item 12h (Effective Date of Pay Grade) shows "2001 11 20";

	d.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Medal) lists his authorized awards as: the Global War on Terrorism Expeditionary Medal, the Army Achievement Medal, the National Defense Service Medal, the Armed Forces Reserve Medal with "M" Device, and the Army Service Ribbon;

	e.  item 18 shows the applicant was called to active duty in support of Operation Enduring Freedom and he served in the following imminent danger pay areas:  Kuwait from 19 May through 14 June 2003 and in Iraq from
15 June 2003 through 20 May 2004.
9.  Army Regulation 600-8-22 (Military Awards) provides the following pertinent information:

	a.  the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States 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 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.  

	b.  the Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States;

	c.  the Iraq Campaign Medal is authorized for award to members of the Armed Forces of the United States 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; and 

	d.  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.  

10.  Army Human Resources Command Military Personnel (MILPER) Message Number 08-123 provides the guidance and criteria, applicability and standards on awarding and wear of service stars on the Iraq Campaign Medal.  It states, in pertinent part, that one bronze service star will be worn on the Iraq Campaign Medal for one or more days of participation in each designated campaign phase. Approved designated ICM campaign phases and inclusive periods are listed below:

Liberation of Iraq/19 Mar 2003 - 1 May 2003 
Transition of Iraq/2 May 2003 - 28 Jun 2004 
Iraq Governance/29 Jun 2004 - 15 Dec 2005 
National Resolution/16 Dec 2005 – Date to be determined

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his DD Form 214 that was issued on 11 July 2004 be corrected to show his rank and pay grade as sergeant (E-5).  He also requests award of the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.

2.  The applicant’s DD Form 214 should be corrected to show award of the Army Commendation Medal and the Global War on Terrorism Service Medal.

3.  A Soldier who received the Global War on Terrorism Expeditionary Medal and also served in Iraq during the period covered by the Iraq Campaign Medal may request the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.  The applicant chose to receive the Iraq Campaign Medal.

4.  The applicant was promoted to sergeant effective 1 April 2004.  His DD Form 214 should be corrected to show his rank as sergeant (E-5) and date of rank as 
1 April 2004.

5.  Based on the above findings, it is appropriate to correct the applicant's records to show his rank and pay grade as sergeant, E-5, and his date of rank
1 April 2004; to show in addition to the awards listed on the DD Form 214 he is also authorized award of the Army Commendation Medal, the Global War on Terrorism Service Medal, and that he chose to receive the Iraq Campaign Medal with 1 bronze service star in lieu of the Global War on Terrorism Expeditionary 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 the Global War on Terrorism Expeditionary Medal from the applicant’s DD Form 214, issued on 11 July 2004 and replacing it with the Iraq Campaign Medal with 1 bronze service star;

	b.  deleting the entries that are in items 4a, 4b, and 12h of the DD Form 214 and adding the entries “SGT,” “E-5,” and "2004 04 01"; and

	c.  adding the Army Commendation Medal and the Global War on Terrorism Service Medal to item 13 of the DD Form 214.



      ___________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)                                         AR20090000976



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ABCMR Record of Proceedings (cont)                                         AR20090000976



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