BOARD DATE: 5 July 2011
DOCKET NUMBER: AR20100029104
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) show two stars for the Iraq Campaign Medal.
2. The applicant states that he served in Iraq during the Iraq Governance and the National Resolution Campaigns.
3. The applicant provides a copy of 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 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. The applicant retired due to length of service on 30 June 2007. He was transferred to the Retired Reserve as a 1st Sergeant (E-8).
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards, including the Iraq Campaign Medal. Item 18 (Remarks) shows he served in Iraq from 24 October 2005 to 12 October 2006.
4. Army Regulation 600-8-22 (Military Awards) states that a bronze service star is authorized for wear on the Iraq Campaign Medal for participation in each credited campaign. The applicant's deployment to Iraq coincided with the Iraqi Governance (29 June 2004-15 December 2005) and the National Resolution (16 December 2005-9 January 2007) Campaigns.
DISCUSSION AND CONCLUSIONS:
The applicant served in Iraq during two designated campaign periods and is authorized to wear two bronze service stars on the Iraq Campaign 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 showing that, in addition to the awards already shown on his DD Form 214, he is also authorized two bronze service stars for wear on the Iraq Campaign Medal.
_______ _ 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) AR20100029104
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ABCMR Record of Proceedings (cont) AR20100029104
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