BOARD DATE:	  1 November 2012

		DOCKET NUMBER:  AR20120007938 


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 with the proper service star.

2.  The applicant states he was deployed to Kuwait in support of Operation Enduring Freedom (OEF) from 23 January to 20 March 2003.  He participated in Operation Iraqi Freedom (OIF) and the invasion of Iraq from 20 March to 19 July 2003.  He served in Kuwait and Iraq for different operations; therefore, he is entitled to both the Global War on Terrorism Expeditionary Medal and the Iraq Campaign Medal

3.  The applicant provides his DD Form 214, DD Form 215 (Correction to DD Form 214), two DA Forms 638 (Recommendation for Award), and an award printout.

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 records show he enlisted in the Regular Army on 5 August 1999 and he held military occupational specialty 11B (Infantryman).  He served in Kuwait/Iraq from 23 January to 19 July 2003 while assigned to the 2nd Battalion, 7th Infantry, 3rd Infantry Division.

3.  He was honorably released from active duty on 30 September 2003 and transferred to the U.S. Army Reserve.  He completed 4 years, 1 month, and 26 days of net active service.

4.  His DD Form 214 shows he was awarded or authorized the:

* Army Commendation Medal (2nd Award)
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Kosovo Campaign Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Army Lapel Button
* North Atlantic Treaty Organization Medal (Kosovo)
* Combat Infantryman Badge
* Driver and Mechanic Badge

5.  Item 18 (Remarks) of his DD Form 214 contains the entry "SOLDIER SERVED IN OPERATION ENDURING/IRAQI FREEDOM FROM 030123 UNTIL 030719."

6.  His records contain a DD Form 215, dated 21 June 2004, wherein it added award of the Global War on Terrorism Expeditionary Medal and Global War on Terrorism Service Medal.

7.  The applicant provides a DA Form 638, dated 17 April 2003, wherein it states, in part, "[Applicant] deployed to Kuwait in support of Operation Enduring Freedom…  [Applicant] was one of the first members of the 3rd Infantry Division to cross the Kuwait/Iraqi border on 20 March…"



8.  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.  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 the 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 area of eligibility or meet other specified criteria.  Initial award was limited to service members deployed abroad in OEF/OIF in specific geographic areas of eligibility, including Kuwait.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states in item 18, for an active duty Soldier deployed to a foreign country, enter "SERVICE IN (name of country deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)."

10.  A review of the U.S. Army Human Resources Command website shows the 2nd Battalion, 7th Infantry, was cited for award of the Presidential Unit Citation for the period 19 March through 1 May 2003 by Department of the Army General Orders Number 22, dated 2010.



DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Kuwait from 23 January to 20 March 2003.  As such, he completed at least 30 days of service in Kuwait and this period of service qualifies him for award of the Global War on Terrorism Expeditionary Medal which is already shown on his DD Form 215.  In addition, he served in Iraq from 20 March to 19 July 2003 and participated in two campaigns.  This period of service qualifies him for award of the Iraq Campaign Medal with two bronze service stars and correction of his DD Form 214 to show this award.

2.  The evidence of record confirms he served in Kuwait/Iraq from 23 January to 19 July 2003.  Although his DD Form 214 shows he served in Operation Enduring/Iraqi Freedom, he is entitled to correction of his DD Form 214 to show the specific countries he served in.

3.  General orders awarded his unit the Presidential Unit Citation 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 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 amending his DD Form 214 as follows:

* deleting the entry "SOLDIER SERVED IN OPERATION ENDURING/IRAQI FREEDOM FROM 030123 UNTIL 030719" and replacing it with the entry "SERVICE IN KUWAIT/IRAQ FROM 20030123-20030719"


* adding the following awards –

* Iraq Campaign Medal with two bronze service stars
* Presidential Unit Citation



      __________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)                                         AR20120007938



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120007938



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1