IN THE CASE OF:	  

		BOARD DATE:	  9 July 2013

		DOCKET NUMBER:  AR20120022203 


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 his service stars for overseas service [Iraq].

2.  He states he is entitled to the service stars during the periods 10 January 2007 to 31 December 2008 and 1 October 2008 to 24 March 2009.

3.  He provides 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.  After prior enlisted service in the Army Reserve Components, on 28 April 2005, the applicant enlisted in the Regular Army.  
3.  On 17 June 2010, he was honorably discharged.  The DD Form 214 he was issued shows in:

   a.  Item 13 (Decorations, Medal, Badges, Citations, and Campaign Ribbons Awarded or Authorized), he was awarded the Iraq Campaign Medal with four campaign stars, Bronze Star Medal, Army Commendation Medal
(3rd Award), Army Achievement Medal (2nd Award), Meritorious Unit Commendation (3rd Award), Army Good Conduct Medal (2nd Award), National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Overseas Service Ribbon (3rd Award), and Armed Forces Reserve Medal; and 

	b.  Item 18 (Remarks) his service in Iraq during the following periods:

		(1)  14 March 2003 to 15 March 2004;

		(2)  5 November 2005 to 18 October 2006; and 

		(3)  10 January 2008 to 24 March 2009.

4.  In an e-mail, dated 27 February 2013, the Defense Finance and Accounting Service (DFAS) stated the applicant's Master Military Pay Account (MMPA) shows he received hostile fire pay (HFP)/imminent danger pay (IDP) and combat zone tax exclusion (CZTE) from 10 January 2008 to 23 March 2009 for service in Kuwait.

5.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom.  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 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 six campaigns:  

* 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)
6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  This regulation states service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to award of service stars for service in a combat zone during two periods between 1 October 2007 and 
24 March 2009 was found to be lacking in merit.

2.  Evidence of record shows the applicant deployed in Support of Operation Iraqi Freedom on three separate occasions.  

3.  His record shows he was awarded the Global War on Terrorism for Expeditionary Service Medal during his first deployment during the period 14 March 2003 to 14 March 2004, which included two campaigns.  No bronze service star denoting participation in a campaign was authorized for wear on any medal if awarded the Global War on Terrorism Expeditionary Medal during that period unless the applicant relinquishes award of the Global War on Terrorism Expeditionary Medal.  

4.  His record also shows he was properly awarded the Iraq Campaign Medal with four bronze service stars, denoting the four campaigns he served in during his subsequent deployments to Iraq from 5 November 2005 to 18 October 2006 and 10 January 2008 to 24 March 2009.  Therefore, he is not entitled to correction of his DD Form 214 to show the additional award of campaign stars on his already-awarded Iraq Campaign Medal with four bronze service stars.









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 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)                                         AR20120022203





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ABCMR Record of Proceedings (cont)                                         AR20120022203



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