BOARD DATE: 30 August 2011
DOCKET NUMBER: AR20110003551
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, the Iraq Campaign Medal (ICM) and two awards of the Army Commendation Medal (ARCOM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states:
* When he left active duty the Army had not created the ICM
* His time in Iraq is documented on his DD Form 214
* He was awarded two awards of the ARCOM but he only received the orders for one award before leaving Iraq and it is not documented on his DD Form 214
* His personnel department was still in Iraq when he was separated
3. The applicant provides:
* Orders for the ARCOM
* DA Form 638 (Recommendation for Award)
* 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. He enlisted in the Regular Army on 26 May 2000. He completed his training and was awarded military occupational specialty 14J (Early Warning System Operator). His DD Form 214 shows he served in Iraq from 28 February 2003 to 16 December 2003. On 25 May 2004, 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
* Army Achievement Medal
* Army Good Conduct Medal
* Kosovo Campaign Medal
* North Atlantic Treaty Organization Medal
* Army Service Ribbon
* Overseas Service Bar (2nd Award)
* Air Assault Badge
* Driver and Mechanic Badge
* Gold German Army Marksmanship Badge
4. He provided an approved DA Form 638 showing Permanent Order Number 361-030D, Headquarters, 101st Airborne Division (Air Assault), Iraq, dated 27 December 2003, awarded him the ARCOM with First Oak Leaf Cluster for the period 19 March 2003 to 26 November 2003. Item 8 (Previous Awards) of this form shows the ARCOM. He also provided an award certificate for the ARCOM for the period 19 March 2003 to 26 November 2003 which shows Permanent Order Number 361-030D.
5. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal (ICM) is awarded to members who have served in direct support of Operation Iraqi Freedom. The 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 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 Operation Iraqi Freedom. 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 2009-31 August 2010
* New Dawn (1 September 2010-to be determined)
6. 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 the 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.
DISCUSSION AND CONCLUSIONS:
1. Based on his service in Iraq, he is eligible for the ICM with two bronze service stars. His DD Form 214 should be corrected to show the ICM with two bronze service stars.
2. Permanent orders show he received the ARCOM with First Oak Leaf Cluster. His DD Form 214 should be corrected to show this award.
3. He served a period of qualifying service for award of the GWOTSM. His DD Form 214 should be corrected to show this 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 adding the ICM with two bronze service stars, ARCOM (2nd Award), and GWOTSM to 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.
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