BOARD DATE:	  11 September 2012

		DOCKET NUMBER:  AR20120003907 


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 all awards he is authorized for his deployment to Iraq, such as the Iraq Campaign Medal.

2.  The applicant states his buddies with whom he deployed to Iraq have received their awards for their service in Iraq.  He would like his DD Form 214 to show his awards for the same service.

3.  The applicant provides no additional evidence.

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's National Guard Bureau Form 22 (Report of Separation and Record of Service) shows he enlisted in the Texas Army National Guard (ARNG) on 17 November 2000.

	a.  He was assigned to Troop A, 1st Squadron, 124th Cavalry, located in Waco, Texas.

	b.  He was awarded military occupational specialty 11B1P (infantryman with parachutist qualification).

	c.  He was awarded or authorized the following decorations, medals, and badges:

* Army Achievement Medal (2nd Award)
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Global War on Terrorism Service Medal
* Armed Forces Reserve Medal (2nd Award)
* Army Service Ribbon
* Army Good Conduct Medal
* Parachutist Badge
* Army Lapel Button

3.  The applicant's ARNG Retirement Points History Statement shows he was mobilized with his unit from 20 January to 10 August 2004, a period of 204 days.

4.  Texas ARNG Orders 009-763, dated 9 January 2004, ordered the applicant to active duty as a member of his Reserve Component unit in support of Operation Iraqi Freedom (OIF) on 20 January 2004 for a period not to exceed 545 days.

5.  The applicant's DD Form 214 for the period ending 10 August 2004 shows:

	a.  he entered active duty as a member of the ARNG on 20 January 2004,

	b.  he served overseas for a period of 4 months and 26 days from 8 March to 3 August 2004,

	c.  his overseas service was in a designated imminent danger pay area, and

	d.  his awards consisted of:

* Army Achievement Medal (2nd Award)
* National Defense Service Medal
* GWOTEM
* Global War on Terrorism Service Medal
* Armed Forces Reserve Medal with "M" Device (2nd Award)
* Army Service Ribbon

6.  An attempt was made to contact the applicant via email to determine whether he would prefer the Iraq Campaign Medal in lieu of the GWOTEM for his service in Iraq, but no response was received.

7.  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 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.  Service members who qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005 in an area for which the Iraq Campaign Medal was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Iraq Campaign Medal and all other awards he is authorized for his deployment to Iraq.

2.  The evidence of record indicates that the applicant's service in support of OIF qualified him for award of the Iraq Campaign Medal with two bronze service stars.  However, it appears he received the GWOTEM for this service.  Therefore, he is not authorized the Iraq Campaign Medal unless he acknowledges that he must first give up the GWOTEM or provides definitive evidence showing he received the GWOTEM for a different period of service.

3.  The applicant has not specified the exact awards or badges he believes he is authorized.  However, his ARNG documents clearly show he was awarded the Parachutist Badge.  Therefore, this badge should be shown on his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x___  ___x_____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 adding the Parachutist Badge to his DD Form 214 for the period ending 10 August 2004.

2.  The Board further determined 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 award of the Iraq Campaign 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)                                         AR20120003907



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ABCMR Record of Proceedings (cont)                                         AR20120003907



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