IN THE CASE OF:
BOARD DATE: 5 May 2012
DOCKET NUMBER: AR20110018324
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:
* Iraq Campaign Medal
* Global War on Terrorism Service Medal (GWOTSM)
* All other awards to which he is entitled
2. He states he wishes to add all medals he is entitled to receive based upon his service in support of Operation Iraqi Freedom.
3. He provides his DD Form 214 and extracts from the internet on the requested medals.
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. The applicant enlisted in the Regular Army on 20 June 1997. He was honorably released from active duty on 13 February 2004. He was credited with completing 6 years, 7 months, and 24 days of active duty service.
3. His DD Form 214 shows in
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:
* Army Commendation Medal (2nd Award)
* Army Achievement Medal
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Kosovo Campaign Medal
* Army Label Button
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Combat Infantryman Badge
* Parachutist Badge
* Driver and Mechanic Badge with Driver-T and W Bars
* Overseas Service Bar
* NATO Medal
* Item 18 (Remarks) "SERVICE IN IRAQ FROM 20030404-20031104"
4. Army Regulation 600-8-22 (Military Awards) states:
a. 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. His service coincided with two campaigns:
* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
b. The GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the GWOTEM, 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 shows he served in Iraq from 4 April to
4 November 2003. He served in Iraq during the Liberation and Transition of Iraq campaigns. Therefore, he is entitled to award of the Iraq Campaign Medal with two bronze service stars and correction of his DD Form 214 to show this award.
2. The evidence of record also shows he was on active duty after 11 September 2001 for more than 30 days; therefore, he is eligible for award of the GWOTSM and correction of his DD Form 214 to show this award.
3. The applicant does not appear to be eligible for any other awards.
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
adding to item 13 of 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) AR20110018324
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110018324
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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