IN THE CASE OF:
BOARD DATE: 16 January 2014
DOCKET NUMBER: AR20130009179
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 award of the Iraq Campaign Medal and its addition to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he was discharged in 2004 and the award had not been authorized; therefore, it is not listed on his DD Form 214. He only discovered the omission this year when he needed it for school. He needs to make sure his Iraq deployment and campaign medal are displayed on the DD Form 214 so he can apply for certain grants and school-related scholarships.
3. The applicant provides:
* 2003 Proof of Service memorandum
* 2003 In Theater Deployment Cycle System Validation memorandum
* Supplemental Information Sheet
* 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. The applicant enlisted in the Regular Army on 25 February 2000. He completed training and was awarded military occupational specialty 31R (multichannel radio operator maintainer).
3. He provided copies of the following:
a. A Proof of Service memorandum, dated 23 September 2003, which shows he served with Company B, 141st Signal Battalion in support of the 1st Armored Division Task Force during Operation Iraqi Freedom (OIF) from 28 April 2003 through 4 November 2003 and was entitled to all the benefits and recognition deserved;
b. An In Theater Deployment Cycle System Validation memorandum, dated 23 September 2003, which certified he had completed OIF out-processing and had cleared all areas required; and
c. A Supplemental Information Sheet which shows he departed Iraq for Germany on 4 November 2003.
4. He was released from active duty in pay grade E-5 on 24 February 2004 and was transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 lists in:
a. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) - the Army Commendation Medal, Army Achievement Medal (2nd Award), Army Good Conduct Medal, National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon with Numeral 2, and Driver and Mechanic Badge with Driver-W Bar.
b. Item 18 (Remarks) - Service in Iraq from 28 April 2003 through 22 November 2003.
5. A review of the U.S. Army Human Resources Command website, Unit Awards link, did not reveal his unit, the 141st Signal Battalion, was cited for any awards during his period of service in Iraq.
6. Army Regulation 600-8-22 (Military Awards) states:
a. 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 to 31 December 2011. 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 Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility, on or after 11 September 2001 to a future date to be determined. Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant completed a qualifying period of service for award of the Iraq Campaign Medal with two bronze service stars and the Global War on Terrorism Service Medal. Therefore, he is entitled to these awards and their addition to his DD Form 214.
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 to the applicants DD Form 214 the Iraq Campaign Medal with two bronze service stars and the Global War on Terrorism Service Medal.
____________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) AR20130009179
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ABCMR Record of Proceedings (cont) AR20130009179
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