BOARD DATE: 9 May 2013
DOCKET NUMBER: AR20120018428
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 that his service in Iraq/Kuwait and all of his awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he served in Iraq/Kuwait in 2003 and all of his awards are not included on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and deployment order with flight manifest.
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 enlisted in the Regular Army on 15 March 1996. He completed his training and remained on active duty through continuous reenlistments. He was promoted to the pay grade of E-5 on 16 December 1998.
3. Permanent Orders Number 355-03, issued by Headquarters, 3rd Infantry Division awarded the applicant the Army Commendation Medal (ARCOM) for meritorious service during the period 11 October 1996 to 15 February 2000.
4. Permanent Orders Number 163-003, issued by Detachment A, 38th Personnel Services Battalion awarded the applicant the Army Good Conduct Medal (2nd Award) for the period 15 March 1999 14 March 2002.
5. The applicant deployed to Iraq/Kuwait on 9 March 2003 and on 21 July 2003, Permanent Orders Number 202-4, issued by Headquarters, 7th Corps Support Group awarded the applicant the ARCOM for the period 26 October 2000
20 October 2003.
6. The applicant departed Iraq/Kuwait on 2 September 2003 and was transferred to Fort Gordon, Georgia where he remained until he was honorably discharged on 7 October 2004. He had served 8 years, 6 months, and 23 days of active service and the DD Form 214 issued at the time of his discharge shows that he was awarded the National Defense Service Medal, Army Service Ribbon, and the Overseas Service Ribbon. It does not reflect his deployment to Iraq/Kuwait.
7. On 12 June 2007, in response to an application to the Board, the Board corrected the applicants DD Form 214 to reflect his service in Iraq/Kuwait and issued him a DD Form 215 (Correction to DD Form 214) to reflect that deployment. Accordingly, the issue of his deployment will not be discussed further in these proceedings. A copy of the DD Form 215 will be provided to him.
8. Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.
9. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal (ICM) is awarded to members who have served in direct support of Operation
Iraqi Freedom. 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. Approved campaigns include:
* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded two awards of the ARCOM and the Army Good Conduct Medal (2nd Award) and is entitled to have those awards added to his DD Form 214.
2. He also served during qualifying periods for award of the GWOTSM and the ICM with two bronze service stars and is entitled to have those awards added to his DD Form 214 as well.
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 the ARCOM (2nd Award), Army Good Conduct Medal (2nd Award), GOWTSM, and ICM 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) AR20120018428
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ABCMR Record of Proceedings (cont) AR20120018428
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