BOARD DATE: 7 June 2011
DOCKET NUMBER: AR20100028276
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) for the period ending 15 August 2003 to show award of the Army Commendation Medal (ARCOM) and any other awards he is authorized that are not listed.
2. The applicant states he was awarded the ARCOM in June 2003.
3. The applicant provides two DD Forms 214 and an ARCOM Certificate.
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. His available military records indicate he had prior service and held the military occupational specialty (MOS) of ground surveillance systems operator.
3. On 1 August 2000, he enlisted in the Regular Army for a period of 4 years. He was awarded MOS 51K (plumber). The highest grade he attained was pay grade E-4.
4. Headquarters, 101st Airborne Division (Air Assault), Permanent Orders Number 174-164D, dated 23 June 2003, awarded him the ARCOM for exemplary service during combat operations in Iraq during the period 19 March to 1 May 2003.
5. He was honorably discharged from active duty for parenthood on 15 August 2003. The DD Form 214 he was issued at the time shows he completed a total of 11 years and 15 days of creditable active service. This form also shows he served in Iraq during the period 9 March through 28 May 2003.
6. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 15 August 2003 shows the Army Good Conduct Medal, National Defense Service Medal, Army Lapel Button, Army Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Driver and Mechanic Badge with Driver-W Bar.
7. Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal (ICM) must have served in direct support of Operation Iraqi Freedom (OIF). The area of eligibility encompasses all land area of the country of Iraq, and 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. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 nonconsecutive days.
8. U.S. Army Human Resources Command Military Personnel Message
Number 08-123 provides the guidance and criteria, applicability, and standards for awarding and wear of service stars on the ICM. It states that one bronze service star will be worn on the ICM for 1 or more days of participation in each designated campaign phase. His records show he participated in the Liberation of Iraq (19 March 2003-1 May 2003) and Transition of Iraq (2 May 2003-28 June 2004) campaigns.
9. Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (GWOTSM) 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 designated areas of eligibility on or after 11 September 2001 to a future date to be determined. All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded him the ARCOM. As such, he is entitled to have this award added to his DD Form 214.
2. He served during a qualifying period which would entitle him to the ICM. He also participated in two campaigns during his service in Iraq. Therefore, he is entitled to have the ICM with two bronze service stars added to his DD Form 214.
3. Based on the dates he served on active duty, he is entitled to the GWOTSM. Therefore, he is entitled to have this award added to his DD Form 214.
4. In view of the foregoing, the applicant's 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
adding to item 13 of his DD Form 214 the ARCOM, GWOTSM, and ICM with two bronze service stars.
___________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) AR20100028276
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ABCMR Record of Proceedings (cont) AR20100028276
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