IN THE CASE OF:	  

		BOARD DATE:  9 February 2012

		DOCKET NUMBER:  AR20110015431 


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.  the Iraq Campaign Medal (ICM) and any awards and decorations to which he may be entitled for his service in Iraq be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty); and

	b.  the Army Good Conduct Medal be removed from his DD Form 214.  

2.  The applicant states:

* He served with the 3rd Squadron, 7th Cavalry, 3rd Infantry Division during the invasion of Iraq during Operation Iraqi Freedom
* He did not receive the Army Good Conduct Medal

3.  The applicant provides:

* Deployment history verification report
* 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 on 27 June 2000.  He completed his training and was awarded military occupational specialty 19D (cavalry scout).  He was released from active duty on 30 November 2003.  

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

* Presidential Unit Citation (Army)
* Army Good Conduct Medal
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Army Service Ribbon
* Army Lapel Button
* NATO [North Atlantic Treaty Organization] Medal (Yugoslavia)
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar  

4.  Item 18 (Remarks) shows no entry for deployed service.

5.  There are no orders for the Army Good Conduct Medal in the available records. 

6.  Item 5 (Oversea Service) of his DA Form 2-1 (Enlisted Qualification Record) shows he served in Kuwait/Iraq from 5 January 2003 through 26 August 2003.

7.  Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 does not show the Army Good Conduct Medal. 

8.  He provided verification of his deployment history which shows he was deployed in support of Operation Iraqi Freedom from 5 January 2003 to 
26 August 2003.  




9.  Army Regulation 600-8-22 (Military Awards) states the ICM is awarded to members who have served in direct support of Operation Iraqi Freedom (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 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 OIF.  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-date to be determined)

10.  Army Regulation 600-8-22 states that the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have 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. 

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The regulation provides that for Item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the applicant was deployed to Kuwait/Iraq in support of Operation Iraqi Freedom during the period 5 January 2003 to 26 August 2003. 

2.  Based on his service in Iraq, he is entitled to the ICM with two bronze service stars.  His DD Form 214 should be corrected to show this medal and item 
18 should be corrected to show his service in Kuwait/Iraq.

3.  He served a period of qualifying service for award of the GWOTSM.  His DD Form 214 should be corrected to show this medal.
4.  His DD Form 214 shows the Army Good Conduct Medal as an authorized award but he contends he never received this award.  Since there are no orders for the Army Good Conduct Medal in the available records, and per his request to remove the Army Good Conduct Medal from his DD Form 214, it would be appropriate to remove this medal from his DD Form 214. 

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:

	a.  deleting the entry "ARMY GOOD CONDUCT MEDAL" from item 13 of his DD Form 214;

	b.  adding the ICM with two bronze service stars and GWOTSM to item 13 of his DD Form 214; and

	c.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20030105-20030826" to item 18 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.



ABCMR Record of Proceedings (cont)                                         AR20110015431





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ABCMR Record of Proceedings (cont)                                         AR20110015431



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