IN THE CASE OF:	  

		BOARD DATE:	  20 October 2009

		DOCKET NUMBER:  AR20090004899 


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 two separate applications, retroactive award of the Combat Action Badge and the Iraq Campaign Medal. 

2.  The applicant states that he is eligible for the Combat Action Badge and the Iraq Campaign Medal based on meeting the requirements in the applicable regulation.  He states that the effective date for issuance of both awards was after he had already retired.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); a copy of his Bronze Star Medal Certificate; and a copy of his Officer Record Brief (ORB) 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.  Paragraph 2-5, Section II, Army Regulation 15-185, the regulation under which this Board operates, states that the Board will not consider any application if it determines that the applicant has not exhausted all administrative remedies available to them.  The available records indicate that the applicant failed to exhaust his administrative remedies with the U.S. Army Human Resources Command (USAHRC).  He has been advised to forward his request for award of the Combat Action Badge for consideration to USAHRC at 200 Stovall Street, Room 3S67, Alexandria, VA 22332-0405.  As a result, the request for award of the Combat Action Badge will not be discussed further in these Proceedings.

3.  On 2 September 1983, the applicant enlisted in the Regular Army (RA) in Detroit, MI, for 3 years, in the pay grade of E-1.  He successfully completed his training in military occupational specialty (MOS) 94B (food service specialist).  He was promoted through the ranks to the rank/grade of staff sergeant (SSG)/E-6.

4.  After completing 11 years, 4 months, and 25 days of net active service this period, the applicant was honorably discharged on 26 January 1995 under the provisions of Army Regulation 635-200, paragraph 16, to accept an appointment as a commissioned officer or warrant officer in the U.S. Army Reserve (USAR).

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 that he was furnished at the time of his discharge shows that he was awarded the Army Commendation Medal, Army Achievement Medal (Second Oak Leaf Cluster), Army Good Conduct Medal (Third Award), National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon with Numeral “2,” Army Service Ribbon, Overseas Service Ribbon, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  On 27 January 1995, the applicant accepted an appointment as a warrant officer one (WO1) in the USAR and he was ordered to active duty for a 6-year 
commitment.  He was promoted to the rank of chief warrant two (CW2) on 27 January 1997.  On 25 October 1999, the applicant accepted a voluntary indefinite extension of active duty.

7.  On 31 October 2003, the applicant was honorably retired under the provisions of Army Regulation 600-8-24, paragraph 6-14c, by reason of sufficient service for retirement.  He was transferred to the USAR Control Group (Retired).  He had completed 20 years, 1 month, and 29 days of total active service.

8.  Item 13 of the DD Form 214 that he was furnished at the time of his retirement shows that he was awarded the Bronze Star Medal, Meritorious Service Medal, 
Army Commendation Medal (Fourth Award), Army Achievement Medal (Fifth Award), Army Good Conduct Medal (Sixth Award), National Defense Service Medal (Second Award), Armed Forces Expeditionary Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon (Third Award), Army Lapel Button, and the Expert Marksmanship Qualification Badge with Rifle Bar.

9.  The applicant’s DD Form 214 also shows that he served in Operation Desert Spring/Iraqi Freedom from 8 September 2002 to 15 June 2003.

10.  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 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 one day of eligibility. 

11.  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

12.  Army Regulation 600-8-22 states that the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have 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. 

   a.  Battalion commanders and commanders of separate units have the authority to award the GWOTSM for approved operations to units and personnel within his or her command. 

   b.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days, or meet one of the following criteria:  

   (1)  initial award of the GWOTSM is limited to airport security operations 
(from 27 September 2001 through 31 May 2002) and Soldiers who supported Operations NOBLE EAGLE, ENDURING FREEDOM, and IRAQI FREEDOM; or

		(2)  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 the GWOTSM. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Iraq Campaign Medal.

2.  His contentions have been noted and based on his service Kuwait/Iraq from
8 September 2002 to 15 June 2003 he is entitled to the award of the Iraq Campaign Medal.  He also participated in the Liberation of Iraq and the Transition of Iraq designated campaigns in support of Operation Iraqi Freedom.  Therefore, he is entitled to the Iraq Campaign with two bronze service stars and correction of his DD Form 214 to show this award.

3.  The applicant also served a qualifying period of service for entitlement to the Global War on Terrorism Service Medal.  Therefore, his records should be corrected to show this award.


4.  During the review of the applicant’s DD Form 214 for the period ending 31 October 2003, it was noted that the Numeral “2” was not included on his Noncommissioned Officer Professional Development Ribbon as reflected on his DD Form 214 for the period ending 26 January 1995.  Therefore, this correction should also be made at this time.

5.  In view of the foregoing, it would now be in the interest of justice to correct the applicant’s records as recommended below.

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 from item 13 of his DD Form 214 for the period ending 31 October 2003 the Noncommissioned Officer Professional Development Ribbon; and

   b.  adding to item 13 of his DD Form 214 the Iraq Campaign Medal with two bronze service stars, Global War on Terrorism Service Medal, and the Noncommissioned Officer Professional Development Ribbon the Numeral “2.”



      __________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)                                         AR20090004899



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090004899



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1