IN THE CASE OF:	  

		BOARD DATE:  6 March 2012

		DOCKET NUMBER:  AR20110017878 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Army Commendation Medal (4th Award) and the appropriate number of campaign stars be affixed to his previously-awarded Iraq Campaign Medal.

2.  The applicant states his record was incomplete because it does not list the 
4th award of the Army Commendation Medal he received for his service in the Army National Guard.  Further, the campaign stars for service in Iraq had not been approved at the time of his discharge; therefore, they are not shown on his 
DD Form 214.  He received the Global War on Terrorism Expeditionary Medal for his first tour in Iraq and requests he be awarded campaign stars based on his second tour in Iraq.

3.  The applicant provides his DD Form 214, ending the period 29 October 2007, and Army Commendation Medal Orders, dated 12 May 2008.

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.  On 30 October 2001, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded MOS 11B (Infantryman).

3.  The applicant's Enlisted Record Brief (ERB), dated 2 October 2007, indicates that he deployed to Iraq on two separate occasions:

* 3 March 2003 - 2 March 2004
* 21 November 2005 - 16 November 2006

4.  On 29 October 2007, he was released from active duty due to the completion of required active service.  He had attained the rank of staff sergeant, pay grade E-6, and had completed 6 years of creditable active duty service.

5.  The applicant's DD Form 214 indicates in:

	a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* Army Commendation Medal (3rd Award)
* Army Achievement Medal (2nd Award)
* Meritorious Unit Commendation
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Iraq Campaign Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Noncommissioned Officer Professional Development Ribbon (2nd Award))
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Combat Infantryman Badge
* Expert Infantryman Badge
* Air Assault Badge
* Driver and Mechanic Badge with Wheeled Vehicle Clasp


   b.  Item 18 (Remarks): 

* Service in Kuwait/Iraq from 3 March 2003 to 2 March 2004
* Service in Iraq from 21 November 2005 to 16 November 2006 

6.  The applicant provides his approved Army Commendation Medal order, awarded for the period 30 October 2007 to 15 May 2008.

7.  Army Regulation 600-8-22 (Military Awards) states 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 during the applicant's tour of duty were:

* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)

8.  Only one award of the ICM may be awarded.  Under no condition will personnel or units receive the Iraq Campaign Medal, the GWOTEM, the GWOTSM, or the AFEM for the same action, time period, or same service.

9.  Army Regulation 635-5 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.  It states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DD Form 214 be corrected to show the award of the Army Commendation Medal (4th Award) and the appropriate number of campaign stars be added to his previously-awarded Iraq Campaign Medal based on his second tour in Iraq.



2.  His ERB confirms he served in Iraq on two separate occasions from 3 March 2003 to 2 March 2004 and from 21 November 2005 to 16 November 2006.  During his second tour in Iraq he participated in two campaigns and he is entitled to have two bronze service stars affixed to his previously-awarded Iraq Campaign Medal and this award added to his DD Form 214.

3.  The available evidence of record shows he was awarded a 4th ARCOM after the period covered by his active duty DD Form 214 ending 29 October 2007; therefore; his DD Form 214 should not be corrected to add this award.

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 deleting the Iraq Campaign Medal from item 13 of his DD Form 214 and replacing it with "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 an Army Commendation Medal (4th Award).



      _______ _   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)                                         AR20110017878





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ABCMR Record of Proceedings (cont)                                         AR20110017878



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