BOARD DATE:	  30 June 2011

		DOCKET NUMBER:  AR20100029162


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 the Afghanistan Campaign Medal, Iraq Campaign Medal, and the Combat Action Badge (CAB).

2.  The applicant states, in effect, that the requested awards did not exist at the time of his separation from active duty.  He further states his unit was authorized the Combat Action Badge [sic] and he met the criteria with every deployment.

3.  The applicant provides his DD Form 214 in support of his request.

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 CAB, the ABCMR operates under the procedures set forth in Army Regulation 15-185 which provide that the ABCMR will not consider any application until the applicant has first exhausted all other administrative remedies to correct the alleged error or injustice.  Since the applicant has not exhausted his administrative remedy with regard to this award, no further action can be taken at this time.  He was notified by separate correspondence of the procedure to apply for the CAB.  Should his case not be satisfactorily resolved and he still feel an error or injustice exists, he may submit a separate application with evidence of the U.S. Army Human Resources Command's denial of his request.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant enlisted in the Regular Army on 14 July 1998.  He completed training and he was awarded military occupational specialty 15J (Aircraft Armament/Missile Systems Repairer).

4.  His record shows he deployed to Afghanistan and Iraq in support of Operations Enduring Freedom (OEF) and Iraqi Freedom (OIF) on four occasions while assigned to Company D, 1st Battalion, 160th Special Operations Aviation Regiment as follows:

* from 1 October 2001 through 5 January 2002 in Afghanistan
* from 8 June 2002 through 6 September 2002 in Afghanistan
* from 14 March 2003 through 10 May 2003 in Afghanistan
* from 7 November 2003 through 14 January 2004 in Iraq

5.  On 13 July 2004, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  His DD Form 214 shows he completed 6 years of net active service during this period, including 10 months and 9 days of foreign service.

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

* Army Achievement Medal
* Army Commendation Medal (3rd Award)
* Joint Meritorious Unit Award
* Army Good Conduct Medal (2nd Award)
* Global War on Terrorism Expeditionary Medal
* 
Global War on Terrorism Service Medal
* National Defense Service Medal
* Noncommissioned Officer's Professional Development Ribbon
* Army Service Ribbon
* Aircraft Crewman Badge
* Senior Parachutist Badge
* Pathfinder Badge
* Air Assault Badge
* Driver and Mechanic Badge

	b.  Item 18 (Remarks) of his DD Form 214 contains the entries:

* "Service in Afghanistan from 20011001 to 20020105; 20020608 to 20020906; 20030314 to 20030510"
* "Service in Kuwait/Iraq from 20031107 to 20040114"

6.  Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense, including Afghanistan.

7.  Army Regulation 600-8-22 states service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 24 October 2001 and 28 February 2005, in an area for which the Afghanistan Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Afghanistan or Iraq Campaign Medals 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.

8.  Army Regulation 600-8-22 states the Afghanistan Campaign Medal is awarded to members who have served in direct support of OEF.  The Afghanistan Campaign Medal period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  Only one award of the Afghanistan Campaign Medal may be authorized for any individual, and under no condition will personnel or units receive the Afghanistan Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service.  Additionally, Army Regulation 600-8-22 states that a bronze service star will be awarded for wear on the Afghanistan Campaign Medal for participation in each campaign.  Approved campaigns are:

* Liberation of Afghanistan, 11 September 2001 to 30 November 2001
* Consolidation I, 1 December 2001 to 30 September 2006
* Consolidation II, 1 October 2006 to a date to be determined

9.  Army Regulation 600-8-22 states that the Iraq Campaign Medal is awarded to members who have 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 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-date to be determined)

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he served in Afghanistan on three occasions.  It appears he was entitled to the Global War on Terrorism Expeditionary Medal, which is currently shown on his DD Form 214, for his service in Afghanistan during the period 1 October 2001 through 5 January 2002.

2.  He further served in Afghanistan from 8 June 2002 through 6 September 2002 and from 14 March 2003 through 10 May 2003.  During these periods he participated in the Consolidation I campaign phase that extended from
1 December 2001 to 30 September 2006.  Therefore, he is entitled to the Afghanistan Campaign Medal with one bronze service star and correction of his DD Form 214 to show this award.

3.  The evidence of record shows he served in Iraq on one occasion during the Transition of Iraq campaign.  Therefore, he is entitled to the Iraq Campaign Medal with one bronze service star and correction of his DD Form 214 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 to item 13 of his DD Form 214 the:

* Afghanistan Campaign Medal with one bronze service star
* Iraq Campaign Medal with one bronze service star




      __________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)                                         AR20100011932



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ABCMR Record of Proceedings (cont)                                         AR20100029162



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