IN THE CASE OF:
BOARD DATE: 4 May 2011
DOCKET NUMBER: AR20100026000
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 Army Commendation Medal (ARCOM) and one bronze service star to be affixed to the Iraq Campaign Medal (ICM).
2. The applicant states:
* The ARCOM award certificate is in iPERMS [interactive Personnel Electronic Records Management System] but not shown on his DD Form 214
* He is entitled to one bronze service star for participation in the National Resolution campaign (16 December 2005 to 9 January 2007) in Iraq
3. The applicant provides:
* DD Form 214
* Orders for the ARCOM
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. He enlisted in the Regular Army on 14 July 2004. He completed his training and was awarded military occupational specialty 11B (Infantryman). His
DD Form 214 shows he served in Iraq from 15 December 2005 to 5 December 2006. On 9 March 2007, he was released from active duty.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Global War on Terrorism Service Medal, ICM, Army Service Ribbon, and Overseas Service Ribbon as authorized awards.
4. Headquarters, 1st Brigade, 4th Infantry Division Orders Number 204-044, show he received the ARCOM for meritorious service during Operation Iraqi Freedom (OIF) from 13 December 2005 to 2 December 2006.
5. Army Regulation 600-8-22 (Military Awards) states the ICM is awarded to members who 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 ICM 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. Orders show he received the ARCOM. His DD Form 214 should be corrected to show this medal.
2. He contends he participated in the National Resolution campaign during his assignment in Iraq. However, since his ARCOM orders show he participated in OIF from 13 December 2005 to 2 December 2006, he is eligible for two bronze service stars for participation in the Iraqi Governance and National Resolution campaigns. His DD Form 214 should be corrected to show the ICM with two bronze service stars.
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 the ARCOM and two bronze service stars for wear on his already-awarded ICM in 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) AR20100026000
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ABCMR Record of Proceedings (cont) AR20100026000
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