IN THE CASE OF:	  

		BOARD DATE:	  5 November 2009

		DOCKET NUMBER:  AR20090009579 


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 show that he was released from active duty (REFRAD) in the rank of sergeant (SGT) with a military occupational specialty (MOS) of 11B2O and that he was awarded the Iraq Campaign Medal (ICM).

2.  The applicant states, in effect, that he was promoted to the rank of SGT in MOS 11B2O on 1 January 2004 and that he was awarded the ICM; however, that information was not entered on his DD Form 214 at the time of his REFRAD. 

3.  The applicant provides a copy of his DD Form 214, a copy of a memorandum from the transition center requesting a change to his DD Form 214, a copy of his promotion orders, a copy of his discharge orders, a copy of orders awarding him the Combat Infantryman Badge (CIB), a memorandum regarding his proof of service during Operation Iraqi Freedom, and a copy of his separation orders.

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 enlisted in the Regular Army in Houston, Texas on 4 January 2000 for a period of 4 years, training as an infantryman, a cash enlistment bonus, and assignment to Europe.

3.  He completed his one-station unit training (OSUT) at Fort Benning, Georgia and was transferred to Baumholder, Germany for assignment to Company C, 2d Battalion, 6th Infantry Regiment as a light weapons infantryman.  

4.  The applicant was deployed to Kosovo on 26 November 2000 and he was advanced to the pay grade of SPC/E-4 on 4 December 2001.  He departed Kosovo on 6 June 2002 and he returned to his unit in Germany.  On 19 March 2003, he deployed to Iraq and served there until 5 October 2003.

5.  The applicant was promoted to the rank of SGT/E-5 in MOS 11B2O on 1 January 2004, and on 4 January 2004 he was REFRAD due to completion of required service.  He had served 4 years and 1 day of total active service.

6.  The applicant’s DD Form 214 reflects that he was REFRAD in the rank of "SPC," pay grade "E-4,"and block 11 (primary specialty) shows his MOS as 11B1O.  Block 12h (Effective Date of Pay Grade) shows his date of rank (DOR) as 4 December 2001.  There is no indication that he was awarded the ICM.

7.  Military Awards Branch Message [dated 8 April 2005] provided the following implementing instructions for award of the Iraq Campaign Medal.  Award of the Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation.  The area of eligibility encompasses all land area of the country of Iraq and the contiguous sea area out to 12 nautical miles and the air space above these areas.  To qualify for award of this campaign medal, service members must have been assigned or attached to or mobilized with units operating in these areas 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; b) be medically evacuated from the area of eligibility for wounds or injuries resulting from participation in an operation or official duties; or c)  participates 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].  
8.  A directive issued by the Department of Defense 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).  The applicant served during the Liberation of Iraq, and the Transition of Iraq, therefore, he is entitled to two bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been considered and all have been found to have merit.

2.  The applicant was promoted to the rank of SGT/E-5 in MOS 11B2O on 1 January 2004 and he is entitled to have that information reflected on his DD Form 214 in blocks 4a, 4b, 11, and 12h.

3.  Additionally, the applicant served in Iraq during a qualifying period for award of the ICM and he participated in two campaigns the Liberation of Iraq, 19 March 2003 to 1 May 2003, and the Transition of Iraq, 2 May 2003-28 June 2004.
Therefore, he is entitled to correction of his record to show award of the ICM with two bronze service stars.

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 to show he was promoted to the rank of SGT/E-5 in MOS 11B2O on 1 January 2004 and that he was awarded the ICM with two bronze service stars.




      _______ _   _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)                                         AR20090009579



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ABCMR Record of Proceedings (cont)                                         AR20090009579



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