IN THE CASE OF:
BOARD DATE: 25 February 2014
DOCKET NUMBER: AR20130009764
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 all awards and decorations he may be entitled to receive for his service during Operation Iraqi Freedom (OIF) be added to his
DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 January 2004. He also requests, in effect, his Iraq deployment dates be shown on this DD Form 214.
2. The applicant states:
* he wants his combat tour shown on his DD Form 214
* the awards were authorized after his retirement date, but he earned them during active service
3. The applicant provides:
* DD Form 214 for the period ending 31 January 2004
* Deployment orders, dated 19 February 2003
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. Having prior active service in the Regular Army (RA) from 24 June 1981 to
22 June 1984, the applicant again enlisted in the RA on 8 January 1986. He served as a military police and remained on active duty though continuous reenlistments until he retired on 31 January 2004 in the rank of sergeant first class.
3. His DD Form 214 for the period ending 31 January 2004 shows he was awarded or authorized the:
* Meritorious Service Medal
* Army Commendation Medal (11th Award)
* Army Achievement Medal (5th Award)
* Presidential Unit Citation (Army)
* Army Good Conduct Medal (7th Award)
* National Defense Service Medal (2nd Award)
* Army (Retired) Lapel Button
* Armed Forces Expeditionary Medal (2nd Award)
* Noncommissioned Officer Professional Development Ribbon with
Numeral 2
* Army Service Ribbon
* Overseas Service Ribbon (4th Award)
* North Atlantic Treaty Organization (NATO) Medal (Yugoslavia)
* Expert Field Medical Badge
* Driver and Mechanic Badge
* Bronze German Armed Forces Marksmanship Badge
4. Item 18 (Remarks) of his DD Form 214 shows he served in Iraq from 8 March to 26 June 2003.
5. Since his deployment dates are shown in item 18 of his DD Form 214, this portion of his request will not be discussed further in these proceedings.
6. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal (ICM) is awarded to members who 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 to 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 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)
7. Army Regulation 600-8-22 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 GWOT operations outside of the areas 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 days or 60 nonconsecutive days are authorized the GWOTSM.
DISCUSSION AND CONCLUSIONS:
1. Based on the applicant's service in Iraq, he is eligible for award of the ICM with two bronze service stars for this service. His DD Form 214 for the period ending 31 January 2004 should be corrected to show the ICM with two bronze service stars.
2. He served a period of qualifying service for award of the GWOTSM. His
DD Form 214 for the period ending 31 January 2004 should be corrected to show this medal.
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 ICM with two bronze service stars and GWOTSM to his DD Form 214 for the period ending 31 January 2004.
_______ _ __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) AR20130009764
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130009764
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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