BOARD DATE: 27 May 2014
DOCKET NUMBER: AR20130016693
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 his service in Iraq and all of his authorized awards.
2. The applicant states his DD Form 214 does not reflect his overseas service and all of his awards.
3. The applicant provides a copy of his DD Form 214 and orders awarding him the Combat Infantryman Badge (CIB) and Army Commendation Medal (ARCOM).
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 in pay grade E-4 on 14 September 2000 for a period of 3 years; training as an infantryman; assignment to Fort Hood, Texas; and a cash enlistment bonus. He completed one-station unit training as a fighting vehicle infantryman at Fort Benning, Georgia, and was transferred to Fort Hood for his first and only assignment.
3. He deployed to Southwest Asia with his unit and participated in two campaigns during the period 10 April-10 September 2003, a period of 5 months and 1 day. This information is reflected in item 12f (Foreign Service) and item 18 (Remarks) of his DD Form 214.
4. On 20 December 2003, he was honorably released from active duty due to completion of required service. He completed 3 years, 3 months, and 7 days of active service. His DD Form 214 shows he was awarded or authorized the ARCOM, Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, and Army Service Ribbon.
5. Headquarters, 4th Infantry Division (Mechanized), Permanent Orders 196-05, dated 15 July 2003, awarded the applicant the CIB for the period 24 April to 15 June 2003 for participating in combat operations under enemy hostile fire to liberate Iraq in support of Operation Iraqi Freedom.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The Iraq Campaign Medal (ICM) is awarded to members of the Armed Forces of the United States 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 ICM 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 include:
* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
b. The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism 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 or 60 nonconsecutive days, are authorized award of the GWOTSM.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states that for an active duty Soldier deployed with his or her unit during their continuous period of active service enter "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" in item 18.
DISCUSSION AND CONCLUSIONS:
1. The applicant participated in two campaigns during a qualifying period for award of the ICM and is entitled to have the ICM with two bronze service entered on his DD Form 214.
2. He also served during a qualifying period for award of the GWOTSM and is entitled to have the GWOTSM entered on his DD Form 214.
3. Additionally, he was awarded the CIB and is entitled to have the CIB entered on his DD Form 214 as well.
4. In addition, although his DD Form 214 currently shows he deployed to Southwest Asia the regulatory guidance is to enter the country of deployment. It would be appropriate at this time to correct item 18 of his DD Form 214 to show he deployed to Iraq.
BOARD VOTE:
___X_____ ___X_____ __X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 adding award of the ICM with two bronze service stars, GWOTSM, and CIB to his DD Form 214 and to amend item 18 to show Service in Iraq 20030410-20030910 in lieu of Service in Southwest Asia
.
__________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.
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