IN THE CASE OF:	  

		BOARD DATE:	  20 December 2011

		DOCKET NUMBER:  AR20110012381 


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) to show the Iraq Campaign Medal with
3 bronze service stars.  He also requests an Honorable Discharge Certificate.

2.  The applicant states Military Personnel (MILPER) Message 08-123, the implementing guidance for the Iraq Campaign Medal, shows the following campaigns:

* Transition of Iraq (2 May 2003 - 28 June 2004)
* Iraqi Governance (29 June 2004 - 15 December 2005)
* National Resolution (16 December 2005 - to a date to be determined)

3.  The applicant provides a copy of his DD Form 214 and two DA Forms 67-9 (Officer Evaluation Reports (OERs)) for the period 17 July 2003 through 16 July 2004 and 1 January through 31 December 2005.

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 requested a copy of his DD Form 256 (Honorable Discharge Certificate); however, the ABCMR does not issue replacement certificates.  The applicant is advised that such request should be made to the National Personnel Records Center (NPRC), 1 Archives Drive, St. Louis, MO 63138.  Requests to the NPRC may be submitted online through the eVetRecs system at http://www.archives.gov/veterans/military-service-records/standard-form-180.html or via mail or fax (314-801-9195) by letter or completing a Standard Form 180 (which is available for download at the same website.  At a minimum, all requests must include a copy of the retiree's/veteran's separation or discharge paperwork and any other supporting documentation to substantiate his/her request.  All requests must be signed and dated.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant was appointed as a Reserve commissioned officer in the rank of second lieutenant on 10 January 2003.

4.  He was ordered to active duty on 21 February 2003.  Upon completion of training he was awarded area of concentration 13A (Field Artillery).

5.  The applicant's unit deployed in support of Operation Iraqi Freedom (OIF) for a period of 365 days or until mission completion.  Unit movement was on or about 20 January 2004 and advance party movement was on or about
7 January 2004.

6.  Three OERs for the following periods show:

	a.  from 17 July 2003 through 16 July 2004, the applicant served as company fire support officer while assigned to C Battery, 2nd Battalion, 11th Field Artillery Regiment, 25th Infantry Division (Light), Kirkuk, Iraq.  Part V (Performance and Potential Evaluation - Rater), block b (Comment on Specific Aspects of the Performance and Potential for Promotion) shows, in part, "[Applicant] successfully deployed his fire support team in support of OIF-2 and closed on FOB [Forward Operating Base] Bernstien in February of 2004."


	b.  from 17 July through 31 December 2004, the applicant served as company fire support officer while assigned to C Battery, 2nd Battalion, 11th Field Artillery Regiment, 25th Infantry Division (Light), Kirkuk, Iraq.  Part V, block b shows, in part, "On short notice, [Applicant] deployed his team to Samarra, Iraq to conduct full spectrum operations in support of 2nd Brigade, 1st Infantry Division's Operation Baton Rouge."

	c.  from 1 January through 31 December 2005, the applicant served as battery executive officer while assigned to Headquarters Support Battery, 2nd Battalion, 11th Field Artillery Regiment, 25th Infantry Division, Schofield Barracks, Hawaii.  Part VII (Senior Rater), block c (Comment on Performance/ Potential) shows, in part, "He prepared the detailed plan to successfully recover the battery from the 14 month deployment to OIF-2."

7.  The applicant's DD Form 214 shows he entered active duty on 21 February 2003, he was honorably released from active duty on 20 February 2006 at the completion of required active service, and he was transferred to Company C, 53rd Medical Battalion (Combat Support), Pinellas Park, FL.  He completed 3 years of net active service during this period.

	a.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214, as corrected by a DD Form 215 (Correction to DD Form 214), dated 11 August 2011, shows among other awards the Iraq Campaign Medal.

	b.  Item 18 (Remarks) shows he served in Iraq from 11 January 2004 to 
22 February 2005.

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  Paragraph 2-17 shows the Iraq Campaign Medal is authorized for award to members of the Armed Forces of the United States who have served in direct support of OIF.  The 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.

	b.  It states that one bronze service star is authorized with this service medal for each Iraq campaign a member is credited with participating in.  It also shows a list of approved designated Iraq campaigns, as follows:

* Liberation of Iraq/19 Mar 2003 - 1 May 2003
* Transition of Iraq/2 May 2003 - 28 Jun 2004


* Iraq Governance/29 Jun 2004 - 15 Dec 2005
* National Resolution/16 Dec 2005 - 9 Jan 2007
* Iraqi Surge/10 Jan 2007 - 31 Dec 2008
* Iraqi Sovereignty/1 Jan 2009 - Date to be determined

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show the Iraq Campaign Medal with 3 bronze service stars for participating in the Transition of Iraq, Iraqi Governance, and National Resolution campaigns based on his OERs covering the period 17 July 2003 through 16 July 2004, 17 July through 31 December 2004, and 1 January through 31 December 2005.

2.  Permanent orders show the applicant's unit deployed to Iraq in support of OIF in January 2004.

3.  Three OERs covering the applicant's period of service from 17 July 2003 through 31 December 2005 show that the applicant deployed with his unit in support of OIF-2 (as early as February) in 2004 and he successfully recovered his unit from the 14 month deployment in 2005.

4.  The applicant's DD Form 214 shows he served in Iraq from 11 January 2004 to 22 February 2005.

5.  There is no evidence of record that shows the applicant served in Iraq after
22 February 2005.  As such, the applicant participated in the two following campaigns during his service in Iraq:

* Transition of Iraq (2 May 2003 - 28 June 2004)
* Iraqi Governance (29 June 2004 - 15 December 2005)

6.  Item 13 of the applicant's DD Form 214 shows he was awarded the Iraq Campaign Medal; therefore, he is entitled to two bronze service stars for wear on his already-awarded Iraq Campaign Medal and correction of his DD Form 214 to show these bronze service stars.

7.  There is no evidence of record and the applicant did not provide any evidence that shows he participated in three campaign phases during his service in Iraq.  Therefore, there is no basis for granting this portion of his request.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  _____x__  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

	a.  deleting from item 13 of his DD Form 214 the Iraq Campaign Medal and

	b.  adding to item 13 of his DD Form 214 the Iraq Campaign Medal with two bronze service stars.

2.  The Board further determined that 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 adding any additional bronze service stars to his 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)                                         AR20110012381



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ABCMR Record of Proceedings (cont)                                         AR20110012381



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