IN THE CASE OF:
BOARD DATE: 13 MAY 2010
DOCKET NUMBER: AR20090019139
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 all awards for his overseas service.
2. The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), his driver license, and a CTVA VM-1 (Connecticut Veterans Wartime Service Medal and/or Connecticut Servicemembers and Veterans Registry 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 applicants military record shows he enlisted in the Regular Army in pay grade E-4 on 28 October 1999, with prior Army National Guard enlisted service. He completed training and he was assigned military occupational specialty 11B (Infantryman).
3. He was honorably discharged on 5 June 2002 for the purpose of immediate reenlistment. He reenlisted on 6 June 2002. He was honorably discharged in pay grade E-4 on 9 April 2004 for disability, existed prior to service, physical evaluation board (PEB).
4. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the Bronze Star Medal, Army Achievement Medal (2nd Award), Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, and the Overseas Service Ribbon. Item 18 (Remarks) shows he served in Iraq from 18 March to 1 July 2003.
5. 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.
6. Army Human Resources Command Military Personnel (MILPER) Message Number 10-078, issued on 16 March 2010, provides the guidance and criteria, applicability and standards on awarding and wear of campaign (service) stars on the ICM. It states, in pertinent part, that one bronze service star will be worn on the ICM for one or more days of participation in each designated campaign phase. Approved designated ICM 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 - 9 Jan 2007
* Iraqi Surge/10 Jan 2007 - 31 Dec 2008
* Iraqi Sovereignty/1 Jan 2009 - Date to be determined
7. Army Regulation 600-8-22 also states that the Global War on Terrorism Service Medal, established by Executive Order 13289, 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. Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant served in Iraq from 18 March to 1 July 2003 during two campaign phases. Therefore, he is entitled to the Iraq Campaign Medal with two bronze service stars and correction of is records to show this award.
2. The evidence also shows he participated in the Global War on Terrorism operations outside of the designated areas of eligibility for award of the Global War on Terrorism Service Medal. Therefore, his records should be corrected to show this award.
3. In view of the foregoing, the applicants records should be corrected as recommended below.
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 two bronze service stars and the Global War on Terrorism Service Medal, and providing him a corrected separation document.
___________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) AR20090019139
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ABCMR Record of Proceedings (cont) AR20090019139
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