IN THE CASE OF:
BOARD DATE: 23 May 2012
DOCKET NUMBER: AR20110024871
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 add award of the Iraq Campaign Medal (ICM), Global War on Terrorism Service Medal (GWOTSM), and any other medals or awards that were created after his discharge.
2. The applicant states he was informed by other members of the military who served in the same theaters of operation that his DD Form 214 may be missing additional awards.
3. The applicant provides his 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 22 July 1999. He completed basic combat and advanced individual training and he was awarded military occupational specialty 31F (Network Switching Systems Operator Maintainer). The highest rank/grade he attained while serving on active duty was specialist/
E-4.
3. The applicant's official military personnel file (OMPF) contains an Army Commendation Medal (ARCOM) Certificate that shows he was awarded the ARCOM for meritorious service in Iraq from 19 March through 17 August 2003.
4. On 30 November 2003, the applicant was honorably released from active duty after completing 4 years, 4 months, and 9 days of active military service. Item 18 (Remarks) on his DD Form 214 contains an entry that shows the applicant served in Kuwait from 4 March 2003 through 25 March 2003 and Iraq from 26 March 2003 through 2 September 2003.
5. The applicant's DD Form 214 shows he was awarded or authorized the following:
* ARCOM
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Driver and Mechanic Badge
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The ICM was authorized in Public Law 108-234 on 28 May 2004. The ICM is authorized for 30 consecutive or 60 nonconsecutive days of service in Iraq from 19 March 2003 through a future date to be determined. 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 2009-31 August 2010)
* New Dawn (1 September 2010-31 December 2011)
7. Army Regulation 600-8-22 states the 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 GWOTEM, Afghanistan Campaign Medal, or ICM. All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined, having served 30 consecutive or 60 nonconsecutive days, are authorized the GWOTSM.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show award of the ICM, GWOTSM, and any other medals or awards has been carefully considered and found to have merit.
2. The applicant's OMPF contains an ARCOM Certificate that shows the applicant was awarded the ARCOM for his meritorious service in Iraq from 19 March through 17 August 2003.
3. The applicant's DD Form 214 contains an entry showing the applicant served in Kuwait and Iraq from 4 March through 2 September 2003 during two credited campaigns. As a result, there is sufficient evidence to support award of the ICM with two bronze service stars and GWOTSM. Therefore, he is entitled to correction of his DD Form 214 to show these awards.
BOARD VOTE:
___X____ __X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 the ICM with two bronze service stars and GWOTSM to 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) AR20110024871
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ABCMR Record of Proceedings (cont) AR20110024871
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