BOARD DATE:	  12 January 2010

		DOCKET NUMBER:  AR20090013672 


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 with two bronze service stars, Overseas Service Ribbon, and the Global War on Terrorism Service Medal.

2.  The applicant states that his DD Form 214 does not show these awards. 

3.  The applicant provides, in support of his application, a copy of his DD Form 214.

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 21 January 2003, the applicant, a U. S. Army Reserve Medical Service Corps captain, was ordered to active duty as a member of his Reserve unit in support of Operation Enduring/Iraqi Freedom.  

3.  On 3 April 2004, the applicant was released from active duty and transferred to his Reserve unit in Utah. He had completed 1 year, 2 months, and 13 days of creditable active duty service during this period.

4.  The applicant served in Kuwait and Iraq during the period from 21 March 2003 through 8 March 2004 (11 months and 18 days).  The specific dates of his duty in each location are not available.

5.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, ending on 3 April 2004, lists his awards as the Army Commendation Medal (two awards), Army Reserve Components Achievement Medal (three awards), National Defense Service Medal (two awards), Noncommissioned Officer's Professional Development Ribbon, Army Reserve Components Overseas Training Ribbon (two awards), Expert Marksmanship Qualification Badge with Pistol Bar, and the Armed Forces Reserve Medal with "M" Device.  It does not show the Iraq Campaign Medal with two bronze service stars, Overseas Service Ribbon, or the Global War on Terrorism Service Medal.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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 1 day of eligibility].  This campaign medal may be awarded posthumously.  Only one award of the Iraq Campaign Medal may be authorized for any individual.  Service stars are prescribed for wear with this medal.  

7.  A directive issued by the Department of Defense on 16 April 2008 designated the following four phases of Operation Iraqi Freedom as the Liberation of Iraq 
(19 March to 1 May 2003), Transition of Iraq (2 May 2003 to 28 June 2004), Iraqi Governance (29 June 2004 to 15 December 2005), and the National Resolution (16 December 2005 to a date to be determine d).  A bronze service star will be awarded for wear on the Iraq Campaign Medal for participation in each campaign.

8.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq or Afghanistan in a temporary change of station (TCS) or temporary duty (TDY) status receive credit for a completed short tour.

9.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Global War on Terrorism Service Medal.  This award is designated for Soldiers who have participated in or served in support of Global War on Terrorism Operations outside of the designated area of eligibility determined for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized this award.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to add the Iraq Campaign Medal, Overseas Service Ribbon, and the Global War on Terrorism Service Medal.

2.  The available evidence is sufficient to show that the applicant served a qualifying period of active duty service for award of the Iraq Campaign Medal, Overseas Service Medal, and the Global War on Terrorism Service Medal.  Therefore, the applicant's DD Form 214 should be corrected to show these awards. 



3.  Since the applicant's specific dates of service in Iraq are not available, a determination that he participated in more than one operational phase cannot be determined.  Therefore, his records should be corrected to show only one bronze service star on his Iraq Campaign Medal.

4.  The evidence clearly shows that the applicant served during qualifying period for award of the Overseas Service Ribbon.  Therefore, his records should be corrected to show award of the Overseas Service Ribbon.

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
showing, in addition to the awards already shown on his DD Form 214, that his awards include the Iraq Campaign Medal with one bronze service star, Global War on Terrorism Service Medal, and the Overseas Service Ribbon.  

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 a second bronze service star on the Iraq Campaign 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)                                         AR20090013672





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ABCMR Record of Proceedings (cont)                                         AR20090013672



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