IN THE CASE OF:	  

		BOARD DATE:	  14 April 2011

		DOCKET NUMBER:  AR20100022229 


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 Combat Action Badge, Afghanistan Campaign Medal with campaign stars, and Iraq Campaign Medal with campaign stars.

2.  He states these awards were not available at the time of his discharge.  His combat time is noted in his records and he has orders for the Combat Action Badge.

3.  He provides a DA Form 4187 (Personnel Action) and 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 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 military record shows he enlisted in the Regular Army in pay grade E-1 on 10 June 1999 for 3 years.  He completed training and was awarded military occupational specialty 15T (Helicopter Repairer).

3.  He stated he has orders for the Combat Action Badge; however, the orders were not provided with his application.  A review of his official military personnel file located on the interactive Personnel Electronic Records Management System failed to reveal those orders.  However, in a telephone conversation with the applicant on 8 April 2011, he indicated he does not have official orders awarding him the Combat Action Badge.  He has been advised in writing to submit his request to the Military Awards Branch, Fort Knox, KY, for appropriate action.  As a result, this portion of his request will not be discussed further in this Record of Proceedings.

4.  He was honorably released from active duty in pay grade E-6 on 9 June 2005 at the completion of required active service and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He was credited with completion of 6 years of active service and 1 year of foreign service.

5.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards:

* Air Medal (2nd Award)
* Army Commendation Medal (2nd Award)
* Army Achievement Medal
* Joint Meritorious Unit Award
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Noncommissioned Officers Professional Development Ribbon
* Army Service Ribbon
* Aircraft Crewman Badge
* Parachutist Badge
* Driver and Mechanic Badge with Driver-W Bar

6.  Item 18 (Remarks) of his DD Form 214 shows he served in Afghanistan from 27 July 2002 to 14 December 2002 in support of Operation Enduring Freedom (OEF) and in Iraq from 2 September 2003 to 13 April 2004 in support of Operation Iraqi Freedom (OIF).

7.  Army Regulation 600-8-22 (Military Awards) states the Afghanistan Campaign Medal is awarded to members who served in direct support of OEF.  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns are:

* Liberation of Afghanistan (11 September 2001-30 November 2001)
* Consolidation I (1 December 2001-30 September 2006)
* Consolidation II (1 October 2006-date to be determined)

8.  Army Regulation 600-8-22 also states only one award of this Afghanistan Campaign Medal may be authorized for any individual, and under no condition will personnel or units receive the Afghanistan Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service.

9.  Army Regulation 600-8-22 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.   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)

10.  Army Regulation 600-8-22 also states service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 24 October 2001 and 28 February 2005 in an area for which the Afghanistan Campaign Medal was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the Afghanistan 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.

11.  Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded established for successful completion of overseas tours.  To be eligible for award of the Overseas Service Ribbon, a Soldier must complete 9 months in a continuous temporary change of station/temporary duty status in isolated areas where tour lengths have not been established.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Afghanistan Campaign Medal with service stars.  The evidence of record shows he served in Afghanistan in support of OEF from 27 July 2002 to 14 December 2002 during one campaign.  The evidence also shows he was awarded the Global War on Terrorism Expeditionary Medal and this award is currently listed on his DD Form 214.

2.  Army Regulation 600-8-22 shows that any service member who qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 24 October 2001 and 28 February 2005 in an area for which the Afghanistan Campaign Medal was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the Afghanistan 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.

3.  Therefore, based on regulatory guidance he is entitled to the addition of the Afghanistan Campaign Medal with one bronze service star in lieu of the Global War on Terrorism Expeditionary Medal currently shown on his DD Form 214.

4.  He also requests award of the Iraq Campaign Medal with campaign stars.  The evidence of record shows he served in Iraq in support of OIF from 2 September 2003 to 13 April 2004 during two campaigns.  Therefore, based on regulatory guidance he is entitled to the addition of the Iraq Campaign Medal with two bronze service stars to his DD Form 214.

5.  The evidence of record also shows he completed a qualifying period of overseas service for award of the Overseas Service Ribbon.  Therefore, it would be appropriate to add this award to his record at this time.

6.  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 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:

	a.  deleting from item 13 of the applicant's DD Form 214 the Global War on Terrorism Expeditionary Medal;

	b.  adding to item 13 of his DD Form 214 the Afghanistan Campaign Medal with one bronze service star, Iraq Campaign Medal with two bronze service stars, and Overseas Service Ribbon; and

	c.  providing him a document to show the above corrections.



      ______________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)                                         AR20100022229



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ABCMR Record of Proceedings (cont)                                         AR20100022229



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