IN THE CASE OF:	  

		BOARD DATE:	  17 November 2009

		DOCKET NUMBER:  AR20090010712 


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 all awards and decorations to which he may be entitled for his service in support of Operation Iraqi Freedom.

2.  The applicant states that he never received the awards he was entitled to because he was processing out for his retirement.  He contends that at the time of his retirement no awards had been approved by the Department of Defense or the Department of the Army for Operation Iraqi Freedom and that the awards were approved a month after his retirement.

3.  The applicant provides a self-authored letter, dated 27 May 2009; a copy of his retirement orders, dated 4 November 2003; deployment orders, dated
13 March 2003; page one of his Noncommissioned Officer (NCO) Evaluation Report for the period ending May 2003; orders for the Army Commendation Medal, dated 16 May 2003; and a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) 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.  The applicant enlisted in the Regular Army (RA) on 12 October 1983.  He remained on active duty through continuous reenlistments until he retired on
31 January 2004 in the rank/grade of sergeant first class (SFC)/E-7.  At the time of his retirement he held military occupational specialty (MOS) 35W (Electronic Maintenance Chief).

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Achievement Medal 
(5th Award), Army Superior Unit Award, Army Good Conduct Medal (6th Award), NCO Professional Development Ribbon with Numeral 3, Army Service Ribbon, Overseas Service Ribbon, Army (Retired) Lapel Button, Kuwait Liberation Medal (Kuwait), Kuwait Liberation Medal (Saudi Arabia), Expert Marksmanship Qualification Badge with Rifle Bar, Driver and Mechanic Badge, and the Gold Recruiter Badge with 3 Sapphire Achievement Stars.  Item 18 (Remarks) on his DD Form 214 shows, among other entries, the entry "SERVED IN OPERATION ENDURING IRAQI FREEDOM FROM 030228 TO 030705."

4.  In support of his claim, the applicant provided an Army Commendation Medal Certificate that was awarded by 24th Corps Support Group Orders 136-94, dated 16 May 2003, for meritorious service while serving as the security NCO in charge during Operation Iraqi Freedom during the period 30 March 2003 to 30 April 2003.  The citation for this award states, in pertinent part, that the applicant distinguished himself as the Evening Battle Captain for the 87th Corps Support Battalion at Forward Logistics Base Dogwood (in Iraq).

5.  Records at the Defense Finance and Accounting Service (DFAS) show the applicant received hostile fire/imminent danger pay from 21 March 2003 to 5 July 2003 for service in Kuwait.
 
6.  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.  A bronze service star is authorized for wear on the Iraq Campaign Medal for the following campaigns:  Liberation of Iraq (19 March 2003 -1 May 2003); Transition of Iraq (2 May 2003 - 28 June 2004); Iraqi Governance 

(29 June 2004 - 15 December 2005); and National Resolution (16 December 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 the 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.

8.  Army Regulation 600-8-22, as amended, provides that the National Defense Service Medal is awarded for honorable active service for any period between
27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicant's service in Kuwait/Iraq, he is eligible for award of the Iraq Campaign Medal with two bronze service stars.  Therefore, his DD Form 214 should be corrected to show this medal.

2.  The applicant served during a period of qualifying service for award of the GWOTSM.  Therefore, his DD Form 214 should be corrected to show this medal.

3.  The applicant served during two periods of qualifying service for award of the National Defense Service Medal with one bronze service star.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant was awarded the Army Commendation Medal which is not reflected on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this award.

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 to item 13 of his DD Form 214 the Army Commendation Medal, National Defense Service Medal with one bronze service star, Iraq Campaign Medal with two bronze service stars, and the Global War on Terrorism Service Medal.



      _________XXX____________
               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)                                         AR20090010712



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