IN THE CASE OF:	  

		BOARD DATE:	    20 March 2014

		DOCKET NUMBER:  AR20130013250 


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), ending on 29 August 2009, to show the Iraq Campaign Medal with four bronze service stars and Army Achievement Medal (2nd Award). 

2.  The applicant states:

	a.  He is eligible for the fourth award of a bronze service star for his Iraq Campaign Medal pertaining to the dates of the surge from 10 January 2007 through 31 December 2008.  His Basic Individual Record (BIR) from the U.S. Marine Corps (USMC) notes he was deployed to Iraq from 12 August 2006 through 25 February 2007.  A fourth bronze service star is not listed on his DD Form 214 ending on 29 August 2009.  He only received campaign credit for Phase 2 (Transition of Iraq from 2 May 2003 through 28 June 2004), Phase 3 (Iraq Governance from 29 June 2004 through 15 December 2005), and Phase 4 (National Resolution from 16 December 2005 through 9 January 2004).  He did not receive credit for Phase 5 (Iraqi Surge from 10 January 2007 through 31 December 2008).  

   b.  He was awarded a second award of the Army Achievement Medal on 25 June 2011.  It is not listed on his 2009 DD Form 214.

3.  The applicant provides copies of his USMC BIR, 2009 DD Form 214, DA Form 638 (Recommendation for Award), and Army Achievement Medal (2nd Award) certificate.
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 USMC on 15 July 2003.  He served in Iraq from 13 February 2004 through 17 September 2004.  He was honorably separated from the USMC on 14 July 2007.  His USMC DD Form 214 lists the:

* Rifle Marksman Badge
* Combat Action Ribbon (Iraq)
* Sea Service Deployment Ribbon with one bronze service star
* Iraq Campaign Medal
* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal
* Certificate of Appreciation

3.  He enlisted in the California Army National Guard (ARNG) on 14 September 2007 and entered active duty on 17 September 2008 in support of Operation Enduring Freedom. 

4.  He served in Afghanistan from 28 October 2008 to 29 July 2009.  He was released from active duty on 29 August 2009.  His DD Form 214 lists in:

* Item 12f (Foreign Service) - 9 months and 3 days
* Item 13 (Awards, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) - the:

* Afghanistan Campaign Medal with one bronze service star
* Iraq Campaign Medal with three bronze service stars
* Army Achievement Medal
* U.S. Navy Achievement Medal
* Navy-Marine Combat Action Ribbon

* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Armed Forces Reserve Medal with "M" Device
* Navy Sea Service Deployment (2nd Award)
* North Atlantic Treaty Organization Medal
* Combat infantryman Badge

* Item 18 (Remarks) - Service in Afghanistan from 28 October 2008 through 25 July 2009; it does not show any service for Iraq

5.  He is currently serving in an active ARNG status through an extension of his 2007 enlistment.

6.  He also provided a copy of a DA Form 638, dated 26 June 2011, and a certificate, awarding him the Army Achievement Medal (2nd Award) for the period 10 through 25 June 2011.  The form shows the award was approved on 25 June 2011 by Permanent Order (PO) Number 176-10. 

7.  On 11 March 2014, a staff member of the Defense Finance and Accounting Service verified the applicant received hostile fire and imminent danger pay for service in Iraq from 18 August 2006 through 25 February 2007 while a member of the USMC.

8.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The regulation states:

* Item 12f - will list credit for all foreign service completed during the period covered by the DD Form 214
* Item 13 - will list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards) verified by the Soldier’s records 
* Item 18 - for ARNG and Reserve Soldiers deployed to active duty will list the entry, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD -YYYYMMDD)"

9.  Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	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.  Bronze service stars are worn on campaign and service medals to denote participation in a named campaign.

DISCUSSION AND CONCLUSIONS:

1.  While serving in the USMC, the applicant served in Iraq from 13 February 2004 through 17 September 2004.  His USMC DD Form 214 shows he was awarded or authorized the Iraq Campaign Medal.  

2.  According to his DFAS pay records, he served a second time in Iraq from on or about 18 August 2006 to on or about 25 February 2007.  His USMC DD Form 214 does not list this service.  The applicant is advised to apply to the Board for Correction of Naval Records for correction of his USMC DD Form 214.  

3.  He then enlisted in the ARNG and served in Afghanistan.  Upon his release from active duty on 29 August 2009, his DD Form 214 listed the Iraq Campaign Medal with three bronze service stars.  However, he participated in the 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), and National Resolution (16 December 2005-9 January 2007) campaigns.  Therefore, he is entitled to correction of his Army DD Form 214 to show the Iraq Campaign Medal with four vice three bronze service stars. 

4.  PO awarded him the Army Achievement Medal (2nd Award) on 25 June 2011. This award was issued subsequent to the period covered by his 2009 DD Form 214; therefore, he is not entitled to correction of this DD Form 214 to show the Army Achievement Medal (2nd Award).

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from the applicant's DD Form 214 ending on 29 August 2009 the Iraq Campaign Medal with three bronze service stars and adding to his 2009 DD Form 214 the Iraq Campaign Medal with four bronze service stars.

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding to his 2009 DD Form 214 the Army Achievement Medal (2nd Award).



      _______ _   __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)                                         AR20130013250





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ABCMR Record of Proceedings (cont)                                         AR20130013250



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