IN THE CASE OF:
BOARD DATE: 8 January 2013
DOCKET NUMBER: AR20120010485
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 Combat Action Badge (CAB), Iraq Campaign Medal (ICM), and Global War on Terrorism Service Medal (GWOTSM).
2. He states, in effect, the above awards were earned during the early stages of Operation Iraqi Freedom (OIF), but they were not authorized until after he was discharged.
3. He provides:
* his DD Form 214
* a DA Form 638 (Recommendation for Award)
* Orders
* a self-authored statement
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 is requesting correction of his DD Form 214 to show the CAB. Army Regulation 15-185, the regulation under which the ABCMR operates, states the Board will not consider any application if it determines that the applicant has not exhausted all administrative remedies available. There is no evidence the applicant submitted a request for award of the CAB to the U.S. Army Human Resources Command. Therefore, this portion of his request will not be discussed further in this Record of Proceedings. He has been notified by separate correspondence of the disposition of his request and the procedures for applying for the CAB.
3. The applicant's military record shows he enlisted in the Regular Army on 14 September 2000.
4. He submitted:
a. Orders Number 045-718, issued by Headquarters, 101st Airborne Division (Air Assault), Fort Campbell, KY, dated 14 February 2003, which reassigned and deployed him to U.S. Central Command in support of Operation Enduring Freedom (OEF), effective 1 March 2003.
b. a DA Form 638 which shows Permanent Order Number 258-10, issued by Headquarters, Division Support Command, 101st Airborne Division, Mosul, Iraq, dated 15 September 2003, awarded him the Army Commendation Medal for exemplary service in Iraq on 30 June 2003.
5. On 20 December 2003, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed 3 years, 3 months, and 7 days of total active service. His DD Form 214 shows in:
a. item 13 (Decorations, Medals, Badges, Citations, and Campaign Awarded or Authored) he was awarded or authorized the Army Commendation Medal, Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, and Air Assault Badge.
b. item 18 (Remarks) he served in Kuwait/Iraq from 2 March to 29 August 2003.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The ICM is awarded to members who have 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 ICM period of eligibility is on or after 19 March 2003 through 31 December 2011. A bronze service star is authorized for wear with this medal for participation in each credited campaign. His record shows he participated in the following two campaigns:
* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
b. The GWOTSM is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the area of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or ICM. All Soldiers on active duty on or after 11 September 2001 to a date to be determined, having served 30 consecutive or 60 nonconsecutive days, are authorized the GWOTSM.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows he completed a qualifying period of service for award of the ICM. Therefore, his DD Form 214 should be corrected to show the ICM with two bronze service stars to denote his campaign participation.
2. He served during a qualifying period of service for award of the GWOTSM, which is not shown on his DD Form 214. Therefore, his DD Form 214 should be corrected to show this 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 adding the following awards to his DD Form 214:
* ICM with two bronze service stars
* GWOTSM
_______ _ 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) AR20120010485
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