BOARD DATE: February 4, 2010
DOCKET NUMBER: AR20090014598
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 award of the Iraq Campaign Medal.
2. The applicant states that at the time of his discharge the medal did not exist.
3. The applicant provides 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 applicants 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 applicants 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 on 26 October 2000 and trained as a heavy wheeled vehicle mechanic. On 20 December 2003, he was honorably released from active duty.
3. The applicant's DD Form 214 shows the Army Commendation Medal, the National Defense Service Medal, the Army Service Ribbon, and the Driver and Mechanic Badge with Driver-W Bar as authorized awards. Item 18 (Remarks) on his DD Form 214 shows he served in Kuwait/Iraq from 3 March 2003 to
5 September 2003.
4. 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.
5. 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.
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.
2. The applicant served a period of qualifying service for award of the GWOTSM.
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 the Iraq Campaign Medal with two bronze service stars and the GWOTSM on his DD Form 214.
_______ _ _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.
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