IN THE CASE OF:	  

		BOARD DATE:	  30 March 2010

		DOCKET NUMBER:  AR20090015041 


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 the Global War on Terrorism Expeditionary Medal (GWOTEM), Afghanistan Campaign Medal (ACM), Iraq Campaign Medal (ICM), Combat Infantryman Badge (CIB), and Ranger Tab be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 3 January 2005.

2.  The applicant states item 18 (Remarks) of his DD Form 214 shows he served in Afghanistan from 28 July 2002 to 28 September 2002 and in Iraq from 4 January 2003 to 4 March 2003 and 1 January 2004 to 4 April 2004.  However, the awards he is eligible for based on this service, along with his CIB and Ranger Tab, are not listed on his DD Form 214.

3.  The applicant provides the following documents:

* Illinois Department of Veterans Affairs Form 200, dated 3 August 2009
* DD Form 214
* Headquarters, U.S. Army Infantry Center, Permanent Orders 308-2820, dated 4 November 2003
* Ranger Course Diploma
* Headquarters, Task Force 11, Permanent Orders 128-06, dated 8 May 2003, with attached by-name roster


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's record shows he enlisted in the Regular Army and entered active duty on 4 January 2002.  His record shows trained in and was awarded military occupational specialty (MOS) 11B (Infantryman), and that corporal/E-4 is the highest rank/grade he attained while serving on active duty.

3.  On 3 January 2005, the applicant was honorably released from active duty under the provisions of chapter 4, Army Regulation 635-200 (Personnel Separations), by reason of completion of required active service.  The DD Form 214 he was issued confirms he completed 3 years of active military service.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the following awards:

* Global War on Terrorism Service Medal
* Army Commendation Medal
* Army Achievement Medal (2nd Award)
* National Defense Service Medal
* Army Lapel Button
* Army Service Ribbon
* Parachutist Badge

4.  Item 18 of the DD Form 214 shows he served in Afghanistan from 27 July 2002 to 28 September 2002 and in Iraq from 4 January 2003 to 4 March 2003 and 1 January 2004 to 4 April 2004.

5.  The applicant was awarded the CIB for his satisfactory performance of duty while under hostile fire during the period 20 June 2002 to 30 September 2002 by Task Force 11 Permanent Orders 128-06, dated 8 May 2003.

6.  The applicant was awarded the Ranger Tab based on his successful completion of the Ranger course by U.S. Army Infantry Center, Fort Benning, Georgia, Permanent Orders 308-2820, dated 4 November 2003.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form  214.  Chapter 2 of the same regulation contains preparation instructions for the DD Form 214.  The instructions for item 13 state to list all awards and decorations for all periods of service.

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-16 contains guidance on the ACM.  It states it is authorized for service in Afghanistan on or after 24 October 2001 to a future date to be determined by the Secretary of Defense.  A bronze service star is authorized with this award for each Afghanistan campaign a member is credited with participating in.  Approved designated Afghanistan campaigns are as follows:

* Liberation of Afghanistan (11 September 2001-30 November 2001)
* Consolidation I (1 December 2001-30 September 2006)
* Consolidation II (1 October 2006-date to be determined

9.  Paragraph 2-17 of Army Regulation 600-8-22 contains guidance on the ICM.  It states it is authorized for service in Iraq from 19 March 2003 to a future date to be determined by the Secretary of Defense.  A bronze service star is authorized with this award for each Iraq campaign a member is credited with participating in. 
Approved campaigns are as follows:

* 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)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-date to be determined)

10.  Paragraph 2-18 of Army Regulation 600-8-22 contains guidance on the GWOTEM.  It states it is authorized for 30 consecutive or 60 non-consecutive 

days of service in an authorized area of eligibility (AOE) from 11 September 2001 to a date to be determined.  Iraq was an authorized AOE prior to 19 March 2003.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form  214 should be corrected to add the GWOTEM, ACM, ICM, CIB, and Ranger Tab has been carefully considered and found to have merit.

2.  The evidence of record confirms the applicant is eligible for the ACM with one bronze service star based on his service and campaign participation in Afghanistan from 27 July 2002 to 28 September 2002.  As a result, this award should be added to his DD Form 214.

3.  The record also verifies he is eligible for the GWOTEM based on his service in Iraq from 4 January 2003 to 4 March 2003.  It further shows he is eligible for the ICM with one bronze service star based on his service and campaign participation in Iraq from 1 January 2004 to 4 April 2004.  Therefore, this award should also be added to his DD Form 214.

4.  The evidence of record further contains official orders confirming he was awarded the CIB and the Ranger Tab.  As a result, these awards should also be added to his DD Form 214.

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 amending item 13 of his DD Form 214 by adding the following:

* Afghanistan Campaign Medal with one bronze service star
* Iraq Campaign Medal with one bronze service star
* Global War on Terrorism Expeditionary Medal
* Combat Infantryman Badge
* Ranger Tab



      _________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)                                         AR20090015041



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ABCMR Record of Proceedings (cont)                                         AR20090015041



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