BOARD DATE:	  19 November 2009

		DOCKET NUMBER:  AR20090010423


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 effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he was awarded the Iraq Campaign Medal and the - “Global War on Terrorism Expeditionary Medal.”

2.  The applicant states that he is currently attending school.  According to Department of Veterans Affairs representatives, his tuition can be reduced by $1,000.00 if his DD Form 214 is corrected to reflect these awards.

3.  The applicant provides a copy of his Service Member Deployment History Outprocessing Verification.

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 3 May 1999, the applicant enlisted in the Regular Army in Brooklyn, New York, for 4 years in the pay grade of E-1.  He successfully completed his training as an infantryman.

3.  The available records show that the applicant was transferred to Iraq on 15 March 2003 and he returned to the Continental United States on 20 August 2003.

4.  On 22 August 2003, Permanent Orders Number 234-16 were published awarding the applicant the Army Commendation Medal for meritorious service from 27 January 1999 to 20 December 2003.

5.  After being retained in the service for 212 days for the convenience of the government, the applicant was honorably released from active duty (REFRAD) on 30 November 2003 and he was assigned to the New York Army National Guard Regional Training Building 501, Camp Smith, Whitehall, New York.

6.  The DD Form 214 that the applicant was furnished at the time of his REFRAD shows that he was awarded the Army Achievement Medal, the Army Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, the Expert Marksmanship Qualification Badge with Rifle Bar, the Combat Infantryman Badge, the Parachutist Badge, and the Belgium Armed Forces Parachutist Badge.  The Army Commendation Medal that he was awarded on 22 August 2003 was not included on his DD Form 214.

7.  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:  (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.

8.  Department of Defense Directive, dated 16 April 2008, designated four phases of Operation Iraqi Freedom as qualifying for a campaign star:  Liberation of Iraq from 19 March 2003 to 1 May 2003, Transition of Iraq from 2 May 2003 to 28 June 2004, Iraqi Governance from 29 June 2004 to 15 December 2005, and National Resolution from 16 December 2005 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show that he was awarded the Iraq Campaign Medal and the “ Global War on Terrorism Expeditionary Medal.”

2.  His contentions have been noted and his records show that he meets the criteria contained in the applicable regulation for award of the Iraq Campaign Medal.  He is also entitled have two bronze service stars affixed to his Iraq Campaign Medal to show his campaign participation from 15 March 2003 through 20 August 2003.  His DD Form 214 should be corrected accordingly.

3.  Additionally, the applicant’s records show that he was awarded the Army Commendation Medal in Permanent Orders Number 234-16 and this award failed to be included on his DD Form 214.

4.  However, according to Army Regulation 600-8-22, the applicant is not entitled to the award of the Global War on Terrorism Expeditionary Medal.  The regulation states that under no condition will personnel receive the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal for the same act, achievement, or period of service.  Therefore, this award cannot be included on his DD Form 214.

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:

________  ________  ________  GRANT FULL RELIEF 

___x_____  ___x_____  __x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 add the Iraq Campaign Medal with two bronze service stars and the Army Commendation Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 to show that he was awarded the “Global War on Terrorism Expeditionary Medal.”



      
      ____________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)                                         AR20090010432



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ABCMR Record of Proceedings (cont)                                         AR20090010423



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