IN THE CASE OF:	  

		BOARD DATE:	  12 May 2011

		DOCKET NUMBER:  AR20100024153 


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 Combat Action Badge and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

* Iraq Campaign Medal with two bronze service stars in lieu of the Global War on Terrorism Expeditionary Medal
* A second award of the Army Commendation Medal

2.  The applicant states he served in Iraq, from 19 March 2003 to 28 June 2004, during the liberation and transition phases.  He was engaged by the enemy via an IED (Improvised Explosive Device) but the Combat Action Badge had not been created yet.  Finally, he was awarded two awards of the Army Commendation Medal but only one is shown on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* DA Form 638 (Recommendation for Award) and certificate awarding him the Army Commendation Medal
* DA Form 2166-8 (NCO (Noncommissioned Officer) Evaluation Report) for the period October 2004 through March 2005
* Internet articles regarding the 101st Division Artillery and the 1st Brigade Combat Team in Iraq
* An article from the Stars and Stripes


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.  With respect to the Combat Action Badge, paragraph 2-5, Section II, Army Regulation 15-185, the regulation under which this Board operates, states that the Board will not consider any application if it determines that an applicant has not exhausted all administrative remedies available to him/her.  There is no evidence that he has submitted his application for award of the Combat Action Badge to the Commander, U.S. Army Human Resources Command (HRC), ATTN: Veteran Services, 1600 Spearhead Avenue, Fort Knox, KY  40121-5743, and were denied relief for this award.  He was notified by separate correspondence of the procedure to apply for the Combat Action Badge.  Therefore, the issue of the Combat Action Badge will not be discussed further in the Record of Proceedings (ROP).

3.  With respect to the two awards of the Army Commendation Medal, a review of the applicant's official DD Form 214 shows two awards of the Army Commendation Medal.  He was provided by separate correspondence with a copy of this DD Form 214.  Therefore, the issue of the Army Commendation Medal will not be discussed further in the ROP.  

4.  The applicant's records show he enlisted in the Regular Army on 13 November 1998 and held military occupational specialty 13B (Cannon Crewmember).  He reenlisted on 20 March 2002 and attained the rank/grade of sergeant (SGT)/E-5.  He was assigned to Fort Campbell, KY.

5.  He was honorably released from active duty on 19 March 2005 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.  He completed 5 years, 4 months, and 7 days of creditable active service.  

6.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Achievement Medal (3rd Award)
* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (2nd award)
* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal
* National Defense Service Medal
* Korea Defense Service Medal
* NCO Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Two overseas service bars
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Air Assault Badge
* Driver and Mechanic Badge

7.  Item 18 (Remarks) of his DD Form 214 shows he served in Kuwait/Iraq in support of Operation Iraqi Freedom (OIF) from 20 February 2003 to 28 January 2004.

8.  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 (AOE) 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-to a date to be determined)

9.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq 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.  

DISCUSSION AND CONCLUSIONS:

The applicant served in Kuwait/Iraq from 20 February 2003 to 28 January 2004, through two campaigns.  He was awarded the Global War on Terrorism Expeditionary Medal.  A member may not receive this and the Iraq Campaign Medal for the same period of service.  He specifically asks for one in lieu of the other.  Therefore, he is entitled to correction of his DD Form 214 to show the Iraq Campaign Medal with two bronze service stars in lieu of the Global War on Terrorism Expeditionary 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 deleting the Global War on Terrorism Expeditionary Medal from and adding the Iraq Campaign Medal with two bronze service stars to 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)                                         AR20100024153





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ABCMR Record of Proceedings (cont)                                         AR20100024153



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