IN THE CASE OF:	  

		BOARD DATE:  23 October 2012

		DOCKET NUMBER:  AR20120004528 


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 Iraq Campaign Medal.  He also requests information on applying for award of the Combat Action Badge.

2.  The applicant states:

* he was discharged before the Army started issuing the Iraq Campaign Medal
* the Iraq Campaign Medal will serve as proof of service in Iraq and entitlement to State benefits
* he was awarded the Global War on Terrorism Expeditionary Medal 
* his DD Form 214 shows he served in Iraq during the period 1 March 2003 through 8 February 2004 during the invasion of Baghdad

3.  The applicant provides a copy of 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 21 March 2002.  He completed training and was awarded military occupational specialty 92F (Petroleum Supply Specialist).  The highest rank/grade he attained while serving on active duty was specialist/E-4.

3.  On 25 April 2005, the applicant was discharged with severance pay due to disability.  He completed 3 years, 1 month, and 5 days of creditable active military service.

4.  The applicant's DD Form 214 shows, in part:

* he completed 11 months and 8 days of foreign service
* he served in Iraq from 1 March 2003 to 8 February 2004
* he was awarded the:

*	Global War on Terrorism Service Medal
*	Global War on Terrorism Expeditionary Medal
*	Army Commendation Medal
*	Presidential Unit Citation
*	Army Good Conduct Medal
*	National Defense Service Medal
*	Armed Forces Expeditionary Medal
*	Army Lapel Button
*	Army Service Ribbon
*	Air Assault Badge

5.  On 4 and 11 September 2012, the applicant was contacted and advised that in accordance with Army Regulation 600-8-22 (Military Awards), under no condition will personnel or units receive the Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Afghanistan Campaign Medal, or Armed Forces Expeditionary Medal for the same action, time period, or service.  He was advised of the option to replace the Global War on Terrorism Expeditionary Medal with the Iraq Campaign Medal.

6.  On 11 September 2012, the applicant provided a response requesting issuance of the Iraq Campaign Medal.

7.  Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom.  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous waters out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous waters out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to 30 December 2011.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the area of eligibility or meet other specified criteria.  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)

8.  Army Regulation 600-8-22 states 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.  The general area of eligibility encompasses all foreign land, water, and air spaces outside the 50 states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the Global War on Terrorism Expeditionary Medal.  Initial award of the Global War on Terrorism Expeditionary Medal was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic areas of eligibility, including Kuwait.

9.  Army Regulation 600-8-22 provides for award of the Combat Action Badge.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.  Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  Award for qualifying service in any previous conflict is not authorized.  Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.

10.  Requests for retroactive award of the Combat Action Badge must be forwarded to the Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The request must be on a DA Form 4187 (Personnel Action) if currently serving on active duty or in an active status.  If not serving on active duty or in an active status, this award may be requested by letter.  All requests must contain:

* assignment, attachment, or operational control orders
* a copy of the Enlisted Record Brief or Personnel Qualification Record
* a copy of the chain of command endorsement (if applicable)
* a one-page narrative description of the qualifying incident
* a certified copy of the DD Form 214
* other supporting documentation

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Iraq Campaign Medal was carefully considered and determined to have merit.

2.  His DD Form 214 shows he was awarded the Global War on Terrorism Expeditionary Medal and Armed Forces Expeditionary Medal.  However, Army Regulation 600-8-22 provides that under no condition will personnel or units receive the Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, or Armed Forces Expeditionary Medal for the same action, time period, or service.

3.  On 4 and 11 September 2012, the applicant was provided the regulatory guidance pertaining to simultaneous receipt of the Iraq Campaign Medal and Global War on Terrorism Expeditionary Medal.

4.  On 11 September 2012, the applicant acknowledged receipt of the regulatory guidance and requested issuance of the Iraq Campaign Medal.

5.  The applicant's DD Form 214 shows he served in Iraq during two campaigns.  Therefore, his DD Form 214 should be corrected to show award of the Iraq Campaign Medal with two bronze service stars rather than the Global War on Terrorism Expeditionary Medal.

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:

	a.  awarding him the Iraq Campaign Medal with two bronze service stars

	b.  deleting from his DD Form 214 the following:

* Global War on Terrorism Expeditionary Medal
* Armed Forces Expeditionary Medal

	c.  adding the Iraq Campaign Medal with two bronze service stars 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)                                         AR20120004528



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ABCMR Record of Proceedings (cont)                                         AR20120004528



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