BOARD DATE:	  11 January 2011

		DOCKET NUMBER:  AR20100017349 


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 award of the Iraq Campaign Medal and Global War on Terrorism Service Medal and their addition to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  He states he retired on 31 March 2004 and the Iraqi Campaign Medal was not established until 28 May 2004 which was after his retirement.  The criteria for this award states that any Soldier deploying to Iraq in direct support of Operation Iraqi Freedom (OIF) after 19 March 2003 qualifies.  He served in Iraq from 9 March 2003 to 21 September 2003.  The Global War on Terrorism Service Medal was established prior to his retirement; however, it was not noted on his DD Form 214.  The foregoing period of service also meets the criteria for eligibility for the Global War on Terrorism Service Medal.

3.  He provides his DD Form 214 and information on the Iraq Campaign Medal and the Global War on Terrorism Service Medal.

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.  His military record shows he enlisted in the Regular Army on 22 March 1983.  He held military occupational specialty 31B, Military Police.  He was assigned to Headquarters and Headquarters Detachment, 716th Military Police Battalion.  He served continuously through several reenlistments until he was honorably discharged on 31 March 2004 for the purpose of retirement.  

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not list the Iraq Campaign Medal and Global War on Terrorism Service Medal.  Item 18 (Remarks) shows he served in Kosovo from 4 May to 21 November 2001 and in Iraq from 9 March to 21 September 2003.

4.  A review of the Army Human Resources Command Military Awards Branch Approved Unit Awards records system was conducted.  This review shows the 716th Military Police Battalion was awarded the Presidential Unit Citation (Navy) for the period 21 March to 24 April 2003 and the Meritorious Unit Citation for the period 25 April 2003 to 2 February 2004.  Department of the Army General Orders for both awards are pending.

5.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of OIF.  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 OIF.  Approved campaigns are:

* 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 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-date to be determined)

6.  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 9 March to 21 September 2003 during two campaign phases.  Therefore, he is entitled to the Iraq Campaign Medal with two bronze service stars and correction of his 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.  The evidence further shows he met the criteria for award of the Presidential Unit Citation (Navy) and the Meritorious Unit Citation by his assignment to the 716th Military Police Battalion and service in Iraq.  Therefore, he is entitled to the Presidential Unit Citation (Navy) and the Meritorious Unit Citation and correction of his DD Form 214 to show these unit awards.

4.  In view of the foregoing, his 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
* Global War on Terrorism Service Medal
* Presidential Unit Citation (Navy)
* Meritorious Unit Citation



      _______ _   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)                                         AR20100017349



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ABCMR Record of Proceedings (cont)                                         AR20100017349



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