BOARD DATE: 3 March 2011
DOCKET NUMBER: AR20100022718
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show awards of the Global War on Terrorism Service Medal and the Iraq Campaign Medal for his service in Kuwait/Iraq. He also requests a review of all awards he is entitled to and reissue of all earned awards, medals, and badges.
2. The applicant states the medals may not have been minted or authorized at the time of his separation.
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 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 ABCMR corrects records; the Board does not issue medals or badges. Any questions or concerns regarding replacement medals and badges should be referred to the appropriate agency. For Army personnel, requests for the issuance or replacement of military service medals, decorations, awards, badges, and corresponding accouterments should be directed to the National Personnel Records Center (NPRC). The NPRC will verify the awards to which a veteran is entitled and forward the request with the verification to the appropriate service department for issuance of the medals. Written requests with appropriate supporting evidence may be addressed to the National Personnel Records Center, 9700 Page Avenue, St. Louis, MO 63132-5100. Once verified, the replacement medals and devices are shipped to the veteran by the U.S. Army Tank Automotive and Armaments Command, Clothing and Heraldry (PSID), Post Office Box 57997, Philadelphia, PA 19111. Therefore, issuance of medals or badges will not be discussed further is this Record of Proceedings.
3. The applicant's records show he enlisted in the Regular Army on 20 January 2000 and held military occupational specialty 31F (Network Switching Systems Operator-Maintainer). On 19 January 2004, he was honorably released from active duty and transferred to the U.S. Army Reserve to complete his remaining Reserve obligation.
4. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Good Conduct Medal (1st Award), National Defense Service Medal, Army Service Ribbon, one overseas service bar, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Expert Marksmanship Qualification Badge with Hand Grenade Bar.
5. Item 18 (Remarks) of his DD Form 214 contains the entry, "SOLDIER HAS SERVICE IN KUWAIT/IRAQ: 20030301-20030909."
6. Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.
7. Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom (OIF). 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)
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms he served during a qualifying period for award of the Global War on Terrorism Service Medal which is not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this award.
2. He served in Iraq during a qualifying period for award of the Iraq Campaign Medal and participated in two campaigns. Therefore, he is entitled to the Iraq Campaign Medal with two bronze service stars and correction of his records to show this award.
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 Global War on Terrorism Service Medal and the Iraq Campaign Medal with two bronze service stars to item 13 of his DD Form 214.
____________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) AR20100022718
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