BOARD DATE: 4 September 2012
DOCKET NUMBER: AR20120004284
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 the awards he is entitled to for his service in Iraq to include the Iraq Campaign Medal and the Global War on Terrorism Service Medal.
2. The applicant states he was one of the many Soldiers affected by Stop Loss. After Stop Loss was lifted, he was released from active duty but he left Iraq before his unit so he did not receive the awards he earned.
3. The applicant provides his DD Form 214 and DD Form 215 (Correction to 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 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's records show he enlisted in the Regular Army on 31 July 1998 and he held military occupational specialty 35E (Radio Repairer). He served in Kuwait/Iraq from 8 March to 30 September 2003 while assigned to the 526th Brigade Support Battalion, 2nd Brigade Combat Team, 101st Airborne Division.
3. He was honorably released from active duty on 30 November 2003 and transferred to the U.S. Army Reserve. He completed 5 years and 4 months of creditable active service.
4. The DD Form 214 he was issued shows the:
* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Overseas service bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
5. Army Regulation 600-8-22 (Military Awards) states the:
a. 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 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. Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility on or after 11 September 2001 to a future date to be determined.
6. A review of the U.S. Army Human Resources Command website shows the 526th Brigade Support Battalion, 2nd Brigade Combat Team, was cited for award of the Meritorious Unit Commendation for the period 19 March through 19 September 2003 by Department of the Army General Orders (GO) Number 3, dated 2007
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant served in Kuwait/Iraq during a qualifying period for award of the Iraq Campaign Medal and that he participated in two campaigns (Liberation of Iraq and Transition of Iraq) during this period of service. 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. He served during a qualifying period for award of the Global War on Terrorism Service Medal which is not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this award.
3. GO awarded his unit the Meritorious Unit Commendation during a period he was assigned to the unit. Therefore, he is entitled to correction of his DD Form 214 to show this unit award.
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 his DD Form 214 the:
* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Service Medal
* Meritorious Unit Commendation
_______ _ 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) AR20120004284
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