IN THE CASE OF:	  

		BOARD DATE:	    23 August 2012

		DOCKET NUMBER:  AR20120003402 


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 award of the Combat Action Badge and Iraq Campaign Medal.

2.  The applicant states the requested medals were not in existence at the time of his release from active duty.  He served in Iraq from 14 February 2003 through 23 August 2003.  He was engaged with the enemy repeatedly from the Battle of As Samawah to Baghdad.

3.  The applicant provides:

* DD Form 214
* DA Form 67-9 (Officer Evaluation Report)
* Bronze Star Medal narrative
* memorandum for record, dated 1 August 2003, subject:  In-Theater Deployment Cycle System Validation
* DD Form 2796 (Post-Deployment Health Assessment)

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.  With respect to the Combat Action Badge:

	a.  Paragraph 2-5 of Army Regulation 15-185 (Army Board for Correction of Military Records), the regulation under which this Board operates, states the Board will not consider any application if it determines that the applicant has not exhausted all available administrative remedies.  There is no evidence that the applicant submitted an application for award of the Combat Action Badge to the Commander, U.S. Army Human Resources Command, ATTN:  Veterans Services, 1600 Spearhead Division Avenue, Fort Knox, KY  40121-5743, and was denied relief for this award.

	b.  The Combat Action Badge may be requested by letter and must contain the following:

* assignment, attachment, or operational control orders
* a copy of the Soldier's Officer or Enlisted Record Brief
* a copy of the chain of command endorsement
* a one-page narrative description of the qualifying incident
* a certified copy of the DD Form 214
* any other supporting documentation

	c.  Therefore, the issue of the Combat Action Badge will not be discussed further in this Record of Proceedings.

3.  The applicant was appointed as a Reserve commissioned officer on 10 May 1999.  He completed the Chemical Officer Basic Course.

4.  He was ordered to active duty on 2 June 2001.  He subsequently served in Kuwait/Iraq in support of Operation Iraqi Freedom (OIF) from 13 February 2003 through 15 September 2003, a period of 7 months and 3 days.  He was assigned to Headquarters and Headquarters Company, 3rd Battalion, 325th Airborne Infantry Regiment.

5.  He was honorably released from active duty on 1 June 2005 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 shows in:
* 
item 12f (Foreign Service) – the entry "0000  00  00" indicating he did not complete any foreign service
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) –

* Bronze Star Medal
* Army Commendation Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal
* Parachutist Badge

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Iraq Campaign Medal is awarded to members who served in direct support of OIF.  The area of eligibility (AOE) 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 31 December 2011.  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)

	b.  The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the AOE or meet other specified criteria.  Initial award was limited to service members deployed abroad in Operation Enduring Freedom and OIF in a number of designated specific geographic AOE's, including Kuwait and Iraq.


DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Kuwait/Iraq from 13 February 2003 through 15 September 2003, a period of 7 months and 3 days.  Therefore, his DD Form 214 should be corrected to show this foreign service.

2.  The official start date for OIF was 19 March 2003.  The applicant arrived in Kuwait on 13 February 2003.  Therefore, it is reasonable to presume he remained in Kuwait until 19 March 2003 when OIF commenced.  As such, he completed at least 30 days of service in Kuwait.  This period of service qualifies him for award of the Global War on Terrorism Expeditionary Medal which is already shown on his DD Form 214.

3.  It is also reasonable to presume he served in Iraq from 19 March 2003 through his redeployment date of 15 September 2003.  This period of service qualifies him for award of the Iraq Campaign Medal.  Additionally, he participated in two campaigns (Liberation of Iraq and Transition of Iraq) during this period of service.  Therefore, he is authorized two bronze service stars with the Iraq Campaign Medal and his DD Form 214 should be corrected to show this award.

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:

* deleting the entry "0000  00  00" from item 12f of his DD Form 214 and replacing it with the entry "0000  07   03"
* 
adding the Iraq Campaign Medal with two bronze service stars to item 13 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)                                         AR20120003402



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ABCMR Record of Proceedings (cont)                                         AR20120003402



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