IN THE CASE OF:
BOARD DATE: 18 March 2010
DOCKET NUMBER: AR20090016959
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.
2. The applicant states, in effect, that he only received the Global War on Terrorism Expeditionary Medal (GWOTEM) but he served two combat deployments, one in Afghanistan and one in Iraq. He contends that he should have received the GWOTEM for his deployment in Afghanistan and the Iraq Campaign Medal for his deployment in Iraq. He also states that he was given false information regarding the award criteria by outprocessing personnel at Fort Bragg, NC.
3. The applicant provides a copy of his DD Form 214 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 (RA) on 18 June 2002, served as an infantryman, and was honorably released from active duty on 18 June 2005.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows, among other awards, the GWOTEM and the Global War on Terrorism Service Medal (GWOTSM) as authorized awards. His DD Form 214 does not show the Iraq Campaign Medal as an authorized award. Item 18 (Remarks) of the applicant's DD Form 214 shows, among other entries, SERVICE IN OPERATION ENDURING FREEDOM (AFGHANISTAN) FROM 01 JANUARY 2003 TO
23 AUGUST 2003//SERVICE IN OPERATION IRAQI FREEDOM (IRAQ) FROM 01 JANUARY 2004 TO 20 APRIL 2004."
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. 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 Operation Iraqi Freedom. 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; National Resolution,
16 December 2005 - 9 Jan 2007; Iraqi Surge, 10 January 2007 - 31 Dec 2008; and Iraqi Sovereignty, 1 January 2009 - Date to be determined.
5. Army Regulation 600-8-22 states that the GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined. Initial award of the GWOTEM is limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in the following designated specific geographic areas of eligibility (AOE): Afghanistan, Algeria, Bahrain, Bosnia-Herzegovina, Bulgaria (Bourgas), Chad, Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Georgia, Hungary, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kosovo (only specific GWOT operations not associated with operations qualifying for the Kosovo Campaign Medal), Kuwait, Kyrgyzstan, Lebanon, Mali, Mauritania, Niger, Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey, Turkmenistan, Uganda, United Arab Emirates, Uzbekistan,
Yeman, that portion of the Arabian Sea north of 10 degrees north latitude and west of 68 degrees longitude, Bab El Mandeb, Gulf of Aden, Gulf of Aqaba, Gulf of Oman, Gulf of Suez, that portion of the Mediterranean Sea east of 28 degrees east longitude and boarding and searching vessel operations, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal.
DISCUSSION AND CONCLUSIONS:
It appears the applicant was awarded the GWOTEM and the GWOTSM for his service in Afghanistan in 2003. However, based on his service in Iraq from
1 January 2004 - 20 April 2004, he is eligible for award of the Iraq Campaign Medal with one bronze service star.
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 to item 13 of his DD Form 214 the Iraq Campaign Medal with one bronze service star.
__________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) AR20090016959
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ABCMR Record of Proceedings (cont) AR20090016959
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