IN THE CASE OF:	

		BOARD DATE:	  12 January 2010

		DOCKET NUMBER:  AR20090013691 


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 awards of the Iraq Campaign Medal with one bronze service star, Global War on Terrorism Service Medal, and Combat Action Badge.  He further requests that his reentry eligibility (RE) code 4 be changed to RE code 3 so that he may enlist in the Army National Guard.

2.  The applicant states that his not receiving these awards is an injustice based on his combat service.  He also states that he participated in numerous firefights during his service in combat and should be awarded the Combat Action Badge.  He states that his previous request to change his RE code 4 was denied by this Board, which he argues was inequitable because his characterization was upgraded to under honorable conditions.

3.  The applicant provides copies of his DD Form 214, a memorandum for record showing his service, an unofficial copy of his undergraduate college transcript, and extracts from Army Regulation 600-8-22 (Military Awards) showing the criteria for award of the Iraq Campaign Medal, Global War of Terrorism Service Medal, and Combat Action Badge 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.  Incorporated herein are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR2005006878 on 7 March 2006 concerning his request to upgrade his discharge from under other than honorable conditions to honorable and to change his RE code.

3.  Army Regulation 15-185 sets forth procedures for processing requests for correction of military records.  Paragraph 2-15b governs requests for reconsideration.  This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within 1 year of the ABCMR's original decision and it has not previously been reconsidered.

4.  The staff of the ABCMR reviewed the applicant's request for reconsideration and determined that his request for reconsideration concerning a change to his RE code was not received within 1 year of the ABCMR's original decision.  As a result, his request for reconsideration does not meet the criteria outlined above and will not be further discussed in these proceedings.

5.  Army Regulation 15-185 further provides at paragraph 2-5, section II, that the Board will not consider any application if it determines that the applicant has not exhausted all available administrative remedies.

6.  There is no evidence showing that the applicant has exhausted all available administrative relief for award of the Combat Action Badge.  As a veteran he may submit a request directly to the U.S. Army Human Resources Command, Attention:  AHRC-PDO-PA, 200 Stovall Street, Alexandria, Virginia  22332.  The request should include supporting documentation and a copy of the DD Form 214.  As a result, his request for award of the Combat Action Badge will not be further discussed in these proceedings.

7.  On 1 August 2001, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 19D (Cavalry Scout).

8.  The applicant served in Iraq from 11 May 2003 to 12 October 2003.

9.  On 25 October 2003, the applicant was discharged.  He had completed 2 years, 2 months, and 24 days of creditable active duty service.

10.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Army Service Ribbon, and Overseas Service Ribbon.  It does not show award of the Iraq Campaign Medal or the Global War on Terrorism Service Medal.

11.  Army Regulation 600-8-22 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 nonconsecutive 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) participate 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.

12.  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 2003 to 1 May 2003), Transition of Iraq (2 May 2003 to 28 June 2004), Iraqi Governance (29 June 2004 to 15 December 2005), and National Resolution (16 December 2005 to a date to be determined).  A bronze service star will be awarded for wear on the Iraq Campaign Medal for participation in each campaign.

13.  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 with one bronze service star 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 with one bronze service star and the Global War on Terrorism Service Medal.  Therefore, the applicant's DD Form 214 should be corrected to show these awards.

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 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 and the Global War on Terrorism Service 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)                                         AR20090013691



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090013691



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1