IN THE CASE OF:	  

		BOARD DATE:	  6 August 2009

		DOCKET NUMBER:  AR20090005648 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Iraq Campaign Medal.

2.  The applicant states that the award was not listed on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, dated 28 February 2005; and a copy of an internet printout, dated 18 March 2009, announcing the criteria for award of the Iraq Campaign Medal.  

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 is a retired sergeant first class (SFC) who initially entered the Regular Army on 9 October 1984 and held military occupational specialty 31B (Military Police).  He served in various staff and leadership positions within and outside continental United States and was honorably released from active duty on 28 February 2005 and placed on the retired list in his retired rank of SFC.  He was credited with completing over 20 years of creditable active service.

3.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Meritorious Service Medal (4th Award), the Army Commendation Medal (3rd Award), the Army Achievement Medal (4th Award), the Good Conduct Medal (6th Award), the National Defense Service Medal (2nd Award), the NATO Medal, the Military Outstanding Volunteer Service Medal, the "Korean Service Medal," the Noncommissioned Officer Professional Development Ribbon with Numeral 3, the Overseas Service Ribbon (3rd Award), the Kosovo Campaign Medal, the Expert Marksmanship Qualification Badge with Rifle, Grenade, and Pistol Bars, the Global War on Terrorism Service Medal, the Air Assault Badge, the Driver/Mechanic Badge, the Drill Sergeant Identification Badge, and the Basic Recruiter Badge.

4.  Item 18 (Remarks) of the applicant's DD Form 214 shows he served in Kuwait from 19 March 2003 to 31 March 2003 and in Iraq from 1 April to 18 December 2003.  

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 (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 qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19 March 2003 and 28 February 2005 in an area for which the Iraq Campaign Medal was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service





member will be entitled to both medals for the same act, achievement, or period of 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:  (a) 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; (b) is wounded or injured and requires medical evacuation from the area of eligibility; or (c) 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.

6.  A directive issued by the Department of Defense on 16 April 2008 designated four campaigns with the Iraq Campaign Medal (the Liberation of Iraq, 19 March 2003 to 1 May 2003; the Transition of Iraq, 2 May 2003 to 28 June 2004; the Iraq Governance, 29 June 2004 to 15 December 2005; and the National Resolution, 16 December 2005 to a date to be determined).

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant served in Iraq from 1 April to 
18 December 2003.  Therefore, he served a qualifying period of service for award of the Iraq Campaign Medal and he is entitled to correction of his records to show this award.  Additionally, he participated in the Liberation of Iraq and the Transition of Iraq campaigns during his service in Iraq and is also entitled to award of two bronze service stars to be affixed to the Iraq Campaign 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 adding the Iraq Campaign Medal with two bronze service stars to the applicant’s 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)                                         AR20090005648



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ABCMR Record of Proceedings (cont)                                         AR20090005648



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