IN THE CASE OF:
BOARD DATE: 17 April 2012
DOCKET NUMBER: AR20110017621
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 his awards and campaign ribbons for service in Iraq.
2. The applicant states he served in Iraq with Battery C, 3rd Squadron, 13th Field Artillery (Multiple Launch Rocket System (MLRS)) in 2003.
3. The applicant provides copies of his DD Form 214 and a Memorandum for Record dated 9 May 2003.
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. On 16 November 2000, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 13M (MLRS Crewmember).
3. The applicant has provided a memorandum for record from the Commander, 1st Battalion, 39th Field Artillery Regiment, dated 9 May 2003. The commander states that the applicant had been assigned to Battery C, 3rd Squadron, 13th Field Artillery on 20 January 2003 when the unit deployed in support of Operation Enduring Freedom and Operation Iraqi Freedom. He remained with the unit for the duration of the deployment.
4. On 20 December 2003, the applicant was released from active duty. He had attained the rank of specialist, pay grade E-4, and had completed 3 years,
1 month, and 5 days of creditable active duty service.
5. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists the:
* Army Commendation Medal
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
6. Item 18 (Remarks) of the applicant's DD Form 214 shows he served in Southwest Asia from 21 January to 4 June 2003.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. 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 areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty 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.
b. The Iraq Campaign Medal 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 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. Approved campaigns included:
* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
DISCUSSION AND CONCLUSIONS:
The available evidence clearly shows that the applicant served a qualifying period in support of Operation Iraqi Freedom for award of the Iraq Campaign Medal with two bronze service stars and the GWOTSM. Therefore, these two awards should be shown on 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 showing, in addition to the awards already shown on his DD Form 214, the Iraq Campaign Medal with two bronze service stars and the Global War on Terrorism Service 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) AR20110017621
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ABCMR Record of Proceedings (cont) AR20110017621
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