BOARD DATE: 31 March 2011
DOCKET NUMBER: AR20100022090
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 (ICM).
2. The applicant states he served in Iraq with the 2nd Battalion, 502nd Infantry Regiment, 101st Airborne Division, from 26 February to 26 August 2003. Subsequent to his release from active duty (REFRAD), the President outlined the requirements for award of the ICM for which he is eligible.
3. The applicant provides a copy of 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's record shows he was appointed as a commissioned officer in the U.S. Army Reserve in the rank of second lieutenant on 26 May 1999.
3. He was ordered to active duty to fulfill his 4-year volunteer obligation on 16 July 1999 and served in area of concentration 35D (Tactical Intelligence). On 30 November 2003, the applicant was honorably REFRAD in the rank of captain by reason of completion of required service.
4. The DD Form 214 issued to the applicant upon his REFRAD shows he completed 4 years, 4 months, and 15 days of creditable active military service. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the following awards:
* Army Achievement Medal (2nd Award)
* Meritorious Service Medal
* Army Commendation Medal (2nd Award)
* National Defense Service Medal
* Kosovo Campaign Medal
* North Atlantic Treaty Organization Medal
* Army Service Ribbon
* Expert Infantryman Badge
* Parachutist Badge
* Air Assault Badge
* Ranger Tab
5. Item 18 (Remarks) of the DD Form 214 also includes an entry which shows the applicant served in Iraq from 26 February-26 August 2003.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-17 contains guidance on the ICM and states it is authorized for service members assigned, attached, or mobilized to units operating in the Iraq area of eligibility (AOE) for 30 consecutive days or 60 nonconsecutive days between 19 March 2003 and a future date to be determined by the Secretary of Defense or the cessation of the operation.
7. Army Regulation 600-8-22 further stipulates that only one award of the ICM may be authorized for any individual. A bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in Iraq. During the applicant's tenure of assignment, participation credit was granted for the Liberation of Iraq (19 March 2003-1 May 2003) and Transition of Iraq (2 May 2003-28 June 2004) campaigns.
8. Paragraph 2-19 of Army Regulation 600-8-22 contains guidance on award of the Global War on Terrorism Service Medal (GWOTSM). It states it is authorized to members who participated in the Global War on Terror outside of a designated AOE for the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a date to be determined. All Soldiers on active duty who served 30 consecutive or 60 nonconsecutive days are authorized the GWOTSM.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is eligible for the ICM has been carefully considered and found to have merit. The evidence of record confirms the applicant completed a qualifying period of service in Iraq from 26 February-26 August 2003 which qualifies him to receive the ICM with two bronze service stars. Therefore, it would be appropriate to add this award to his record and DD Form 214 at this time.
2. Further, based on the applicant's qualifying active duty service outside of an authorized AOE after 11 September 2001, he is eligible for the GWOTSM which should also be added to his record and DD Form 214 at this time.
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 adding the ICM with two bronze service stars and GWOTSM to item 13 of his
DD Form 214 and by providing him a correction to his DD Form 214 that includes these changes.
___________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) AR20100022090
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ABCMR Record of Proceedings (cont) AR20100022090
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