IN THE CASE OF:
BOARD DATE: 16 February 2012
DOCKET NUMBER: AR20110014327
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 a second bronze service star for his Iraq Campaign Medal.
2. The applicant states he is supposed to have another Iraq bronze service star that was issued for the Iraq Government campaign he participated in. He already has one from an Army Commendation Medal he was awarded in Iraq.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 29 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 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 Massachusetts Army National Guard on 15 April 1997.
3. He was ordered to active duty in support of Operation Iraqi Freedom (OIF) to report 10 September 2004.
4. He was awarded the Army Commendation Medal for meritorious service during OIF from 10 September 2004 to 15 July 2005.
5. On 29 December 2005, he was discharged. He was issued a DD Form 214
for the period from 10 September 2004 to 29 December 2005.
* Item 13 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) shows he is authorized the Iraq Campaign Medal
* Item 18 (Remarks) indicates he served in Iraq from 17 November 2004 to 9 September 2005
6. A DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 12 November 2009, deleted the Iraq Campaign Medal and added the Iraq Campaign Medal with one bronze service star.
7. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of OIF.
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. Included in the approved campaigns is the Iraqi Governance (29 June 2004 - 15 December 2005) campaign.
DISCUSSION AND CONCLUSIONS:
Based on his period of service in Iraq (17 November 2004 to 9 September 2005) he participated in only one campaign, the Iraqi Governance (29 June 2004 -
15 December 2005) campaign. Therefore, he is not authorized more than one bronze service star on his Iraq Campaign Medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________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) AR20110014327
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ABCMR Record of Proceedings (cont) AR20110014327
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