IN THE CASE OF:	  

		BOARD DATE:	  28 July 2011

		DOCKET NUMBER:  AR20110002209 


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 service in Iraq be recognized, to be awarded the Iraq Freedom Medal, and that the Iraq Freedom Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states he served in Iraq and his service should be recognized by awarding him the Iraq Freedom Medal and adding it to his DD Form 214.

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 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.  The applicant enlisted in the Regular Army in Oklahoma City, Oklahoma, on 28 June 2000 for a period of 4 years, training as Multiple Launch Rocket System Crewman, and assignment to Fort Sill, Oklahoma.

3.  He completed basic training at Fort Jackson, South Carolina, and advanced individual training (AIT) at Fort Sill.  He remained assigned to Fort Sill upon completion of AIT.

4.  He deployed to Iraq on 19 March 2003.  On 1 May 2003, he was promoted to pay grade E-5.  He departed Iraq on 15 June 2003 after serving in two campaigns and returned to Fort Sill.

5.  On 26 June 2004, he was honorably released from active duty (REFRAD) due to completion of required active service.  He completed 3 years, 11 months, and 29 days of active service.  His DD Form 214 issued at the time of his REFRAD shows he was awarded the Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon, and Army Service Ribbon.

6.  Army Regulation 600-8-22 (Military Awards) provides the order of precedence for awards and decorations.  Only decorations, medals, and ribbons that are authorized for inclusion on the DD Form 214 and wear by service members are listed.  The Iraq Freedom Medal is not one of those awards authorized.

7.  Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom (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.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Pertinent approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)

8.  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 AOE designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  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.  Only one award of the GWOTSM may be authorized to any individual; second and subsequent awards will not be awarded.

9.  Army Regulation 600-8-22 states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the Iraq Freedom Medal has been noted and is found to lack merit.  The Iraq Freedom Medal is not an award authorized by the applicable regulation for issue and wear by Army personnel or entry in military records.

2.  However, the applicant is authorized the Iraq Campaign Medal with two bronze service stars and Global War on Terrorism Service Medal.  Accordingly, they should be issued at this time and added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ____X___  ____X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Iraq Campaign Medal with two bronze service stars and Global War on Terrorism Service Medal to his DD Form 214 and by issuing these awards to him.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Iraq Freedom Medal.
3.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _________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)                                         AR20110002209



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ABCMR Record of Proceedings (cont)                                         AR20110002209



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