BOARD DATE:	  29 August 2013

		DOCKET NUMBER:  AR20130002032 


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 reflect all of his authorized awards.

2.  The applicant states he believes his DD Form 214 does not reflect all of his authorized awards to include those he received.  He states he participated in Operation Baton Rouge in Samarra, Iraq, in October 2004; however, there are no decorations or campaign ribbons to reflect such.

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.  He enlisted in the Regular Army on 20 March 2002 for a period of 3 years, training as a cavalry scout, and a cash enlistment bonus.  He completed training at Fort Knox, Kentucky, and was transferred to an armored cavalry troop in Schweinfurt, Germany.

3.  He deployed to Kuwait/Iraq with his unit during the period 7 February 2004 to 25 February 2005 and served in two campaigns.  He returned to Germany.

4.  On 31 May 2005, he was honorably released from active duty (REFRAD) due to his completion of required active service.  He completed 3 years, 2 months, and 11 days of active service.  His DD Form 214 issued at the time of his REFRAD shows he was awarded or authorized the Army Achievement Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Army Lapel Button, Global War on Terrorism Service Medal, Army Service Ribbon, and Overseas Service Ribbon.

5.  A review of his official records shows he was awarded the Army Commendation Medal on 20 January 2005 and the Combat Action Badge on 20 September 2005.  His records also contain no derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

6.  Army Regulation 600-8-22 (Military Awards) states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

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 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.  Approved campaigns are:

* Liberation of Iraq (19 March-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 service members who 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.

9.  Army Regulation 635-5 (Separation Documents) serves as the authority for preparation of the DD Form 214.  It states that only the last unit of assignment will be entered on the DD Form 214.  Item 12 (Foreign Service) will show the foreign service performed during the period covered by the DD Form 214.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, the following entry will be made in item 18 (Remarks):  "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Army Commendation Medal and Combat Action Badge and he is entitled to have those awards added to his DD Form 214 at this time.

2.  The applicant's records also show no evidence of any derogatory information that would serve to disqualify him for award of the AGCM.  Accordingly, he should be awarded the AGCM (1st Award) for the period 20 March 2002 through 19 March 2005.

3.  He also deployed to Kuwait/Iraq during the period 7 February 2004 to 25 February 2005 and he is entitled to have that deployment reflected on his DD Form 214.



BOARD VOTE:

___x____  ___x_____  __x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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:

* awarding him the AGCM (1st Award) for the period 20 March 2002 through 19 March 2005
* adding award of the Army Commendation Medal, AGCM (1st Award), and Combat Action Badge to his DD Form 214
* adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20040207-20050225" to his DD Form 214

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20130002032



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ABCMR Record of Proceedings (cont)                                         AR20130002032



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