IN THE CASE OF:	  

		BOARD DATE:	  10 November 2010

		DOCKET NUMBER:  AR20100013065 


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 to show he was authorized 2 Overseas Service Bars and an additional 2 bronze service stars to be affixed to his already authorized Iraq Campaign Medal (ICM).

2.  The applicant states, in effect, that he served in Iraq for a period of time which would authorize him a second Overseas Service Bar and 3 bronze service stars.

3.  The applicant provides ABCMR Docket Number AR20090013672, dated 12 January 2010; his DD Form 214 for the period ending 3 April 2004; MILPER Message Number 08-123; Permanent Orders 078-01; and Order 068-265.

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.  On 21 January 2003, the applicant, a U. S. Army Reserve Medical Service Corps captain, was ordered to active duty as a member of his Reserve unit in support of Operation Enduring Freedom.  He was deployed to the Central Command Area of Responsibility (AOR), with a destination of Camp Doha, Kuwait.

3.  On 3 April 2004, the applicant was released from active duty.  The DD Form 214 he was issued shows he had completed 1 year, 2 months, and 13 days of creditable active duty service during this period.  In also shows he served in Kuwait and Iraq from 21 March 2003 through 8 March 2004 (11 months and 
18 days).  The specific dates of his duty in each location are not shown on his 
DD Form 214 and they are not specified in any available document in his military record.

4.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, ending on 3 April 2004, lists his awards as the Army Commendation Medal (two awards), Army Reserve Components Achievement Medal (three awards), National Defense Service Medal (two awards), Noncommissioned Officer's Professional Development Ribbon, Army Reserve Components Overseas Training Ribbon (two awards), Expert Marksmanship Qualification Badge with Pistol Bar, and the Armed Forces Reserve Medal with "M" Device.  It does not show the ICM with two bronze service stars, Overseas Service Ribbon, Overseas Service Bar, or the Global War on Terrorism Service Medal.

5.  On 12 January 2010, the ABCMR corrected the applicant's records to add the ICM with 1 bronze service star, the Global War on Terrorism Service Medal, and the Overseas Service Ribbon.  The ABCMR determined that there was an insufficient basis to award the applicant a second bronze service star 

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Iraq Campaign Medal.  Award of the Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation.  The area of eligibility encompasses all land area of the country of Iraq and the contiguous sea area out to 12 nautical miles and the air space above these areas.  To qualify for award of this campaign medal, service members must have been assigned or attached to or mobilized with units operating in these areas of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:  a) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; b) be medically evacuated from the area of eligibility for wounds or injuries resulting from participation in an operation or official duties; or c) participates as a regularly assigned air crewmember flying sorties into, out of, within, or over the area of eligibility in direct support of the military operations [each day of operations counts as 1 day of eligibility].  Service stars are prescribed for wear with this medal.  

7.  A directive issued by the Department of Defense on 16 April 2008 designated the following four phases of Operation Iraqi Freedom as the Liberation of Iraq 
(19 March to 1 May 2003), Transition of Iraq (2 May 2003 to 28 June 2004), Iraqi Governance (29 June 2004 to 15 December 2005), and the National Resolution (16 December 2005 to a date to be determined).  A bronze service star will be awarded for wear on the Iraq Campaign Medal for participation in each campaign.

8.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), paragraph 28-17 states that one overseas service bar is authorized for each 6-month period of Federal service as a member of a U.S. Service participating in Operation Enduring Freedom, the CENTCOM area of operations, or under the control of the Combatant Commander, CENTCOM, from 19 September 2001 to a date to be determined.  The months of arrival and departure from the CENTCOM area of operations are counted as whole months. One overseas service bar is authorized for each 6–month period of Federal service as a member of a U.S. Service participating in Operation Iraqi Freedom, the CENTCOM area of operations, or under the control of the Combatant Commander, CENTCOM, from 19 March 2003 to a date to be determined.  The months of arrival and departure from the CENTCOM area of operations are counted as whole months.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in the CENTCOM AOR for a total of 1 year when counting the month of arrival and month of departure.  As such, he is entitled to 
2 Overseas Service Bars and to have the additional Overseas Service Bar added to his DD Form 214.

2.  However, since the applicant's specific dates of service in Iraq are not available (since he served in both Iraq and Kuwait), a determination that he participated in more than one operational phase still cannot be determined.  Therefore, there is insufficient evidence on which to correct his records to show additional bronze service stars to be affixed on his ICM.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X____  ___X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was entitled to 2 Overseas Service Bars upon his release from active duty on 3 April 2004.  

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to additional bronze service stars on his ICM.  




      _______ _   _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)                                         AR20100013065



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ABCMR Record of Proceedings (cont)                                         AR20100013065



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