IN THE CASE OF:	  

		BOARD DATE: 	        9 June 2009 

		DOCKET NUMBER:  AR20090003297 


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 record and DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his foreign service in Iraq from March through August 2003 and to include all awards and decorations he is eligible for based on this Iraq service.   

2.  The applicant states, in effect, that the foreign service listed on his DD Form 214 is incorrect and that all awards and decorations he is eligible for based on his Iraq service should be added to his DD Form 214.  

3.  The applicant provides his DD Form 214 in support of his 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 record shows he enlisted in the Regular Army (RA) and entered active duty on 27 April 1999, and was trained in and awarded military occupational specialty (MOS) 63H (Track Vehicle Mechanic).  

3.  The applicant's record contains an Army Commendation Medal (ARCOM) certificate that shows that while assigned to B Company, 588th Engineer Battalion, the applicant was awarded the ARCOM for meritorious achievement for the period from 7 April through 15 July 2003, during Operation Iraqi Freedom. The certificate also confirms this award was authorized and announced in official permanent orders.  

4.  On 31 October 2003, the applicant was honorably released from active duty (REFRAD) at the completion of his required active duty service, after completing 4 years, 6 months, and 4 days of active military service.  Item 12f (Foreign Service) of the DD Form 214 he was issued at the time contains the entry "0000  00  00" and Item 18 (Remarks) is void of an entry regarding Iraq service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the following awards during his active duty tenure:  Army Lapel Button, Army Good Conduct Medal, National Defense Service Medal, and Army Service Ribbon.  

5.  On 1 December 2008, a DD Form 215 (Correction to DD Form 214) was issued that amended Item 12f by changing it to read "000  03  09" and by adding to Item 18 the entry "SERVICE IN IRAQ FROM 20030407-20030715."

6.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-17 contains guidance on the Iraq Campaign Medal (ICM) and states, in pertinent part, that it is authorized for 30 consecutive or 60 non-consecutive days of service in Iraq between 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of Operation Iraqi Freedom.

7.  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 (ICM).  It states, in pertinent part, that one bronze service star will be worn on the ICM 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
8.  Army Regulation 600-8-22, paragraph 2-19, guidance on award of the Global War on Terrorism Service Medal (GWOTSM) and states, in pertinent part, that it is authorized for members who participated in the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001, to a future 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 are eligible for this award.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that all awards and decorations he earned for his Iraq service are not included in his record and DD Form 214 was carefully considered and found to have merit.  The evidence of record confirms the applicant was awarded the ARCOM for his meritorious achievement while serving in Iraq in support of Operation Iraqi Freedom from 7 April through 15 July 2003.  Therefore, it would be appropriate to add the award of the ARCOM to his record and DD Form 214 at this time.

2.  Based on the applicant's service in Iraq and participation of two campaigns during the period from 7 April through 15 July 2003 he is also eligible for the ICM with two bronze service stars.  Therefore, it would be appropriate to add the award of the ICM with two bronze service stars to his record and DD Form 214 at this time.

3.  Further, based on the applicant's active duty service outside of a designated AOE, he is also eligible for the GWOTSM, which should also be added to his record and DD Form 214 at this time.  

4.  The applicant's contention that he served in Iraq from March through August 2003 was also carefully considered.  However, there is insufficient evidence to support this claim.  The evidence of record confirms he served in Iraq for 
3 months and 9 days between 7 April and 15 July 2003, and that this foreign service was properly documented by a correction to his DD Form 214 issued on 1 December 2008.  Therefore, there is an insufficient evidentiary basis to support further correction of Item 12f and Item 18 of the applicant's DD Form 214 based on his Iraq service.  







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____ __X____  ___X____  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 partial 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 the applicant's DD Form 214 the Army Commendation Medal, Iraq Campaign Medal with two bronze service stars, and the Global War on Terrorism Service Medal, and by providing him a correction to his DD Form 214 that reflects these awards.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to further correction of Item 12f and Item 18 of his DD Form 214 to document additional Iraq service.



      ___________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)                                         AR20090003297



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ABCMR Record of Proceedings (cont)                                         AR20090003297



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