IN THE CASE OF:	  

		BOARD DATE:	  16 March 2010

		DOCKET NUMBER:  AR20090015281 


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 Army Commendation Medal and the Iraq Campaign Medal. 

2.  The applicant states he did not know his commander awarded him the Army Commendation Medal and his service in Iraq should qualify him for the Iraq Campaign Medal.

3.  The applicant provides a copy of his DD Form 214, dated 31 October 2005; a copy of a certificate and a DA Form 638 (Recommendation for Award), dated 25 October 2005, showing award of the Army Commendation Medal; and an extract of the criteria for award of the Iraq Campaign Medal, in support of his request.

4.  On 4 March 2010, the applicant submitted a request to substitute the Iraq Campaign Medal with all associated campaign stars for the Global War on Terrorism Expeditionary Medal.

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 records show he enlisted in the Regular Army (RA) on 27 August 1999 and held military occupational specialty 52D (Power Generation Equipment Repairer).  He also executed a 3-year reenlistment in the RA on 1 November 2002.

3.  His records further show he served in Iraq from 13 January 2004 to 28 July 2004.  He was assigned to D Company, 1st Battalion, 5th Special Forces Group (Airborne).

4.  He was honorably released from active duty on 31 October 2005 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve obligation.

5.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (member copy) shows the Army Achievement Medal, Good Conduct Medal (2nd Award), Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, National Defense Service Medal, Kosovo Campaign Medal, Noncommissioned Officer's Professional Development Ribbon with Numeral 1, NATO Medal, Army Service Ribbon, overseas service bar, Parachutist Badge, Air Assault Badge, and Driver and Mechanic Badge.  

6.  Headquarters 5th Special Forces Group (Airborne), Fort Bragg, NC, Permanent Order Number 298-202, dated 25 October 2005 awarded him the Army Commendation Medal for meritorious service from 1 November 2003 to 15 October 2005.

7.  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. 

8.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement or period of service.  

9.  Army Human Resources Command Military Personnel (MILPER) Message Number 08-123 provides the guidance and criteria, applicability and standards on awarding and wear of service stars on the Iraq Campaign Medal.  It states, in pertinent part, that one bronze service star will be worn on the Iraq campaign Medal for one or more days of participation in each designated campaign phase. Approved designated Iraq campaign Medal campaign phases and inclusive periods are listed below:

Liberation of Iraq/19 Mar 2003 - 1 May 2003 
Transition of Iraq/2 May 2003 - 28 Jun 2004 
Iraq Governance/29 Jun 2004 - 15 Dec 2005 
National Resolution/16 Dec 2005 – Date to be determined

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should show the Army Commendation Medal and the Iraq Campaign Medal.  

2.  The applicant served in Iraq from 13 January 2004 to 28 July 2004 and was awarded the Global War on Terrorism Expeditionary Medal.  He did not serve a second period of service that would qualify him for the Iraq Campaign Medal.  However, he specifically requested one in lieu of the other.  Therefore, he is entitled to award of the Iraq Campaign Medal and correction of his records to show this award.  Additionally, he participated in the Transition of Iraq and the Iraq Governance campaigns during this period of service.  Therefore, he is also entitled to award of 2 bronze service stars to be affixed to the Iraq campaign Medal.

3.  Permanent orders awarded him the Army Commendation Medal for meritorious service from 1 November 2003 to 24 October 2005 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 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:

	a.  deleting from item 13 of his DD Form 214 the Global War on Terrorism Expeditionary Medal; and

	b.  adding the Army Commendation Medal and the Iraq Campaign Medal with 2 bronze service stars.



      _______ _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)                                         AR20090015281



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090015281



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1