IN THE CASE OF:	

		BOARD DATE:	1 September 2009    

		DOCKET NUMBER:  AR20090006130 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to add the Combat Action Badge (CAB) and the Iraq Campaign Medal (ICM).

2.  The applicant provides his self-authored statement, electronic mail, and 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.  On 30 September 2005, the applicant was honorably discharged under the provisions of paragraph 5-13, Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), by reason of personality disorder.  The DD Form 214 he was issued at the time confirms he completed a total of 1 year, 4 months, and 27 days of active military service.  Item 12f (Foreign Service) contains the entry "0000 00 00."

3.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's 30 September 2005 DD Form 214 shows he earned the following awards during his tenure on active duty:  Purple Heart, Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Global War on Terrorism Expeditionary Medal, and Global War on Terrorism Service Medal.  Item 18 (Remarks) shows the applicant served in Kuwait/Iraq from 22 January 2005 to 13 July 2005.

4.  The applicant's official military personnel file contains Headquarters, 3rd Infantry Division, Permanent Orders Number 293-146, dated 20 October 2005.  These orders awarded the applicant the CAB for actively engaging or being engaged by the enemy on 29 April 2005.

5.  On 20 August 2009, a member of the Board staff contacted the applicant to inform him that by regulation, both the ICM and GWOTEM could not be awarded for the same period of service in Iraq and that he would have to elect only one of these awards for his Iraq service.  In an electronic mail message, dated 20 August 2009, the applicant requested the ICM for this period of Iraq service.

6.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-17 contains guidance on the ICM.  It states in pertinent part that the ICM is authorized to members who 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 ICM 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.  It further stipulates that service members who qualified for the GWOTEM by reasons of service between 19 March 2003 and 28 February 2005 in an area for which the ICM was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.  One bronze service star shall be worn on the suspension and campaign ribbon of the ICM for 1 or more days of participation in each designated campaign phase.  Approved designated ICM campaign phases and inclusive periods are:  Liberation of Iraq from 19 March 2003 through 1 May 2003, Transition of Iraq from 2 May 2003 through 28 June 2004, Iraqi Governance from 29 June 2004 through 15 December 2005, and National Resolution from 16 December 2005 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the CAB should be added to his DD Form 214 was carefully considered and found to have merit.  The evidence of record confirms the applicant was awarded the CAB for actively engaging or being engaged by the enemy on 29 April 2005 as evidenced by orders contained in his records.  Therefore, it would be appropriate to add the CAB to his DD Form 214 at this time.

2.  The applicant's request to add the ICM to his DD Form 214 was carefully considered and found to have merit.  The evidence of record confirms the applicant served in Iraq, an authorized area of eligibility, in support of OIF from 22 January 2005 through 13 July 2005.  Based on this service, the applicant was credited with participating in one Iraq campaign.  Therefore, he is eligible to receive the ICM with one bronze service star and it would be appropriate to add this award to his DD Form 214 at this time.  It is noted that the applicant personally elected to be awarded the ICM in lieu of the GWOTEM already documented on his DD Form 214.  As a result, the GWOTEM will be removed from the list of awards contained on the DD Form 214 at the applicant's request.

3.  The evidence of record further confirms the applicant served in Iraq for 5 months and 21 days.  Therefore, item 12f of his DD Form 214 should be amended to reflect this service.  As a result, it would be appropriate at this time to correct item 12f of his DD Form 214 by deleting the current entry and adding the entry "0000 05 21."

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 for the period ending 30 September 2005 as follows:

	a.  item 12f - delete the current entry and replace it with the entry "0000 05 21" and

	b.  item 13 - delete the Global War on Terrorism Expeditionary Medal and add the Combat Action Badge and the Iraq Campaign Medal with one bronze service star.



      ___________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)                                         AR20090006130



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ABCMR Record of Proceedings (cont)                                         AR20090006130



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