BOARD DATE: 26 August 2009
DOCKET NUMBER: AR20090005331
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 that the Iraq Campaign Medal and the Combat Infantryman Badge be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he was in Iraq for six months and was in combat.
3. The applicant provides a DD Form 214 and orders for award of the Combat Infantryman Badge.
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 applicants 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 applicants 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 Regular Army on 15 August 2000 and upon completion of initial entry training was awarded military occupational specialty 11C (Indirect Fire Infantryman). He was honorably released from active duty on 20 December 2003.
3. Item 18 (Remarks) on the applicant's DD Form 214 shows, among other entries, "SERVICE IN IRAQ FROM 20030416 - 20030910." His DD Form 214 does not show the Iraq Campaign Medal or the Combat Infantryman Badge as authorized awards.
4. Headquarters, 3rd Armored Cavalry Regiment, Permanent Orders Number 286-001, dated 13 October 2003, awarded the applicant the Combat Infantryman Badge for service on 28 May 2003 in support of Operation Iraqi Freedom.
5. 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. 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 Operation Iraqi Freedom.
6. Army Human Resources Command Military Personnel Message Number
08-123 provides the guidance and criteria 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 Iraq Campaign Medal campaign phases and inclusive periods are listed below:
a. Liberation of Iraq/19 Mar 2003 - 1 May 2003;
b. Transition of Iraq/2 May 2003 - 28 Jun 2004;
c. Iraq Governance/29 Jun 2004 - 15 Dec 2005; and
d. National Resolution/16 Dec 2005 Date to be determined.
7. 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 Global War on Terrorism operations outside of the designated areas of eligibility, on or after 11 September 2001 to a future date to be determined.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded the applicant the Combat Infantryman Badge; therefore, this award should be added to his DD Form 214.
2. The applicant served a period of qualifying service for award of the Iraq Campaign Medal and the GWOTSM. Additionally, he participated in three campaigns while in Iraq; therefore, he is entitled to the Iraq Campaign Medal with three bronze service stars and the GWOTSM. These awards should also be added to the applicant's DD Form 214.
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 amending his DD Form 214 by adding the Combat Infantryman Badge, the Iraq Campaign Medal with three bronze service stars, and the GWOTSM.
_______ _ _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.
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