BOARD DATE: 1 March 2011
DOCKET NUMBER: AR20100022040
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Iraq Campaign Medal.
2. The applicant states he served two separate tours of combat duty in Iraq and the campaign medal is not on his DD Form 214.
3. The applicant provides his DD Form 214.
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 records show he enlisted in the Regular Army on 17 June 1998 and held military occupational specialty 15T (UH-60 Helicopter Repairer). He served in Iraq from 12 February 2003 to 2 June 2003 and from 17 February 2004 to 14 February 2005.
3. On 13 May 2005, he was honorably discharged in the rank/grade of sergeant/E-5 by reason of completion of required active service. He completed 6 years, 10 months, and 27 days of active service.
4. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Lapel Button, Air Medal (2nd Award), Army Achievement Medal (4th Award), Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Army Good Conduct Medal (2nd Award), National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, and the Aircraft Crewman Badge.
5. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (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. A bronze service star is authorized for wear with this medal for participation in each credited campaign. 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 states service members qualified for the Global War on Terrorism Expeditionary Medal by reason 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. No service member will be entitled to both medals for the same act, achievement, or period of service.
DISCUSSION AND CONCLUSIONS:
1. The applicant completed two periods of service in Kuwait/Iraq. He initially served in Kuwait/Iraq from 12 February 2003 to 2 June 2003. Operation Iraqi Freedom officially started on 19 March 2003. Therefore, he would have qualified for award of the Global War on Terrorism Expeditionary Medal for having served presumably in Kuwait from 12 February 2003 to 18 March 2003. He would have also qualified for award of the Iraq Campaign Medal for his service in Iraq from 19 March 2003 to 2 June 2003 and correction of his records to show it.
2. During his first period of service in Iraq, he qualified for two bronze service stars for having participated in the Liberation of Iraq (19 March 2003-1 May 2003) and the Transition of Iraq (2 May 2003-28 June 2004) campaigns. He served in Iraq a second time from 17 February 2004 to 14 February 2005. Although a second award of the Iraq Campaign Medal is not authorized; he should receive an additional bronze service star for having participated in the Iraqi Governance (29 June 2004-15 December 2005) campaign. Therefore, he is entitled to award of three bronze service stars to be worn affixed to the Iraq Campaign Medal.
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 three bronze service stars."
_______ _ 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) AR20100022040
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