BOARD DATE: 10 June 2010
DOCKET NUMBER: AR20090020095
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by adding all Iraq service medals due.
2. The applicant states that his DD Form 214 is missing all of the Iraq service medals he earned during the period 17 February through 23 July 2003.
3. The applicant provides his DD Form 214, a Standard Form 180 (Request Pertaining to Military Records) and an Awards Information Paper 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's record shows he enlisted in the Regular Army on 6 July 2000. He was trained in and awarded military occupational specialty (MOS) 13F (Fire Support Specialist).
3. The applicant's record shows that during his active duty tenure, he earned the Army Commendation Medal (ARCOM) 2nd Award, National Defense Service Medal (NDSM), Army Service Ribbon (ASR), and Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars.
4. The applicant's record also confirms he served in Iraq from 17 February through 23 July 2003.
5. On 12 February 2004, the applicant was discharged, in the rank of private/
E-1, after completing 3 years, 7 months, and 2 days of active military service. The DD Form 214 he was issued shows he was separated by reason of misconduct and was issued a general under honorable conditions discharge. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the ARCOM (2nd Award), NDSM, ASR, and Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars. Item 18 (Remarks) contains an entry confirming he served in Iraq from 17 February through 23 July 2003.
6. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy. Paragraph 2-17 contains guidance on the ICM. It is authorized for
30 consecutive or 60 non-consecutive days of service in Iraq from 19 March 2003 through a future date to be determined. It further states a bronze service star is authorized for each campaign a member is credited with participating in while serving in Iraq. The following are designated Iraq campaigns covering the periods indicated:
* Liberation of Iraq (19 March-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraq Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-Date to be Determined)
7. Paragraph 2-18 of the awards regulation contains guidance on the Global War on Terrorism Expeditionary Medal (GWOTEM). It states it is authorized for 30 consecutive or 60 non-consecutive days of service in an authorized area of eligibility (AOE) during the period from 11 September 2001 through a date to be determined. Iraq was a qualifying AOE for the GWOTEM during the period from 11 September 2001 through 18 March 2003.
8. Paragraph 2-19 of the awards regulation contains guidance on the Global War on Terrorism Service Medal (GWOTSM). It is authorized for service of 30 consecutive or 60 non-consecutive days outside of designated AOEs from 11 September 2001 through a future date to be determined.
DISCUSSION AND CONCLUSIONS:
The applicant's contention his DD Form 214 should be corrected by adding awards authorized for his service in Iraq has been carefully considered and found to have merit. He is eligible for the GWOTEM based on his Iraq service from 17 February through 18 March 2003; and for the Iraq Campaign Medal with one bronze service star for the period from 19 March through 23 July 2003. In addition, based on his service in support of the Global War on Terror outside of a designated AOE, he is also eligible for the GWOTSM. Therefore, these awards should be added to item 13 of 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 GWOTEM, ICM with one bronze service star and GWOTSM; and providing him a correction to his DD Form 214 that includes these awards.
_______ _ _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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