IN THE CASE OF:	

		BOARD DATE:	     4 September 2012

		DOCKET NUMBER:  AR20120004389 


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 the Iraq Campaign Medal be added to his 
DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 9 March 2004.

2.  The applicant states he recently became aware he was authorized the Iraq Campaign Medal for his service in Iraq in addition to his Global War on Terrorism Expeditionary Medal for service in Guantanamo Bay, Cuba.

3.  The applicant provides:

* orders for active duty effective 8 February 2002 for duty in Guantanamo Bay, Cuba
* Certificate of Participation for Operation Enduring Freedom in Guantanamo Bay, Cuba
* certificate for answering the call after 11 September 2001
* certificate of participation during Operation Iraqi Freedom
* certificate awarding him the Bronze Star Medal
* his DD Form 214 with a separation date of 6 July 2002
* his DD Form 214 with a separation date of 9 March 2009
* a DD Form 215 (Correction to DD Form DD Form 214), dated 15 February 2005


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.  He enlisted in the U.S. Army Reserve on 21 October 1983 and served until his transfer to the Retired Reserve on 12 March 2004.  

3.  Orders he submitted show he was ordered to active duty in support of Operation Enduring Freedom at Guantanamo Bay, Cuba.  

4.  The Certificate of Participation from Joint Task Force 160, Guantanamo Bay, Cuba he submitted was awarded in recognition of his service in support of Operation Enduring Freedom from 8 February 2002 to 26 June 2002.

5.  He was issued a DD Form 214 for the period 14 January to 6 July 2002.

6.  He again entered active duty on 2 January 2003.  

7.  He submitted a certificate showing he was awarded the Bronze Star Medal for meritorious service from 30 January 2003 to 20 July 2004 while serving with the 800th Military Police (MP) Brigade during Operation Iraqi Freedom.

8.  He submitted a certificate of participation showing he served with the 800th MP Brigade during Operation Iraqi Freedom from 12 January to 9 June 2003.

9.  He was released from active duty on 9 March 2004.  His DD Form 214 for this period does not show he is authorized the Iraq Campaign Medal.

	a.  A DD Form 215, dated 15 February 2005, added the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal (for his service at Guantanamo Bay, Cuba during Operation Enduring Freedom).

	b.  A DD Form 215, dated 31 October 2008, added the Meritorious Service Medal with First Oak Leaf Cluster.

10.  An email from the Defense Finance and Accounting Service (DFAS), dated 
22 March 2012, shows he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 30 January 2003 through 
1 April 2003 for Kuwait.	

11.   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 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.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria: (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility while participating in an operation or on official duties, (2) is wounded or injured and requires medical evacuation from the area of eligibility, or (3) while participating as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Among the approved campaigns is the Liberation of Iraq (19 March 2003 - 1 May 2003).

	b.  Only one award of the Global War on Terrorism Expeditionary Medal may be authorized to any individual; therefore, second or subsequent awards will not be awarded.

DISCUSSION AND CONCLUSIONS:

1.  The exact dates he was in Iraq are not shown in his military records.  However, his Bronze Star Medal certificate, certificate of participation during Operation Iraqi Freedom, and the email from DFAS are sufficient to show he was in Iraq during the period from 30 January to 1 April 2003.  

2.  The period of eligibility for the Iraq Campaign Medal begins 19 March 2003.  Using the accepted dates he was in Iraq, the records do not show he served the minimum 30 days in Iraq after 19 March 2003.  Therefore, there is insufficient evidence to show he is authorized the Iraq Campaign Medal.

3.  Although he met the criteria for the Global War on Terrorism Expeditionary Medal, he was previously awarded the Global War on Terrorism Expeditionary Medal for his service in Guantanamo Bay, Cuba.  Second and subsequent awards of his medal are not authorized.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.





      _______ _   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)                                         AR20120004389



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ABCMR Record of Proceedings (cont)                                         AR20120004389



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