IN THE CASE OF:
BOARD DATE: 13 January 2011
DOCKET NUMBER: AR20100014606
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 that his records be corrected to show award of the Iraq Campaign Medal with two bronze service stars.
2. The applicant states that at the time of his discharge the Iraq Campaign Medal had not been authorized. Changes in regulations now show he is entitled to this medal with two bronze service stars.
3. The applicant provides copies of U.S. Army Special Operations Command, Fort Bragg, Order R070-02; 15th Psychological Operations Battalion memorandum for record; and his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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, a U.S. Army Reserve sergeant, was mobilized on 7 March 2003 in support of Operation Enduring Freedom.
3. U.S. Army Special Operations Command, Fort Bragg, Order R070-02, dated 11 March 2003, ordered the applicant's unit deployed to Iraq in support of Operation Iraqi Freedom. Attached to the orders is a unit personnel roster which includes the applicant's name.
4. A 27 April 2004 15th Psychological Operations Battalion memorandum for record verified the applicant's period of service in Southwest Asia as 12 April 2003 through 11 August 2003.
5. The applicant was honorably discharged from active duty on 25 June 2004 by reason of a physical disability that existed prior to his mobilization.
6. His DD Form 214 lists his awards as the Army Commendation Medal, Army Superior Unit Award, Army Good Conduct Medal, Army of Occupation Medal, National Defense Service Medal (2nd Award), Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Armed Forces Reserve Medal with "M" Device, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, and Overseas Service Ribbon.
7. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom.
The area of eligibility encompasses all the land area of the country of Iraq, 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 with this medal for participation in each credited campaign. Based on the applicant's dates of service in Vietnam, appendix B indicates he participated during the following two campaign periods: Liberation of Iraq (19 March 2003-1 May 2003) and Transition of Iraq (2 May 2003-28 June 2004).
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 Iraq Campaign Medal 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant states that at the time of his discharge the Iraq Campaign Medal had not been authorized. Changes in regulations now show he is entitled to this medal with two bronze service stars.
2. The applicant was awarded the Global War on Terrorism Expeditionary Medal for his service in Iraq. He also qualified for award of the Iraq Campaign Medal; therefore, this application is accepted as a request for the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.
3. The applicant served in Iraq during two campaign periods and is authorized two bronze service stars to be worn on the Iraq Campaign Medal.
4. Therefore, the applicant's records should be corrected by deleting the award of Global War on Terrorism Expeditionary Medal and adding the Iraq Campaign Medal with two bronze service stars to his DD Form 214 for the period ending 25 June 2004.
BOARD VOTE:
__X____ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 deleting the award of Global War on Terrorism Expeditionary Medal and adding
the Iraq Campaign Medal with two bronze service stars to his DD For 214 for the period ending 25 June 2004.
_______ _ _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) AR20100014606
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