IN THE CASE OF: 

		BOARD DATE:	  14 August 2014

		DOCKET NUMBER:  AR20130020994 


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 award of the Army Commendation Medal, Combat Action Badge, and Iraq Campaign Medal. 

2.  The applicant states he earned these medals and badges.  He went on countless missions in Iraq where he would start in Kuwait and be gone for weeks at a time.  He cannot provide evidence that he served 30 consecutive days in Kuwait or 60 non-consecutive days, but he did receive the Combat Action Badge which is proof of his combat engagement with the enemy.

3.  The applicant provides:

* Certificate showing award of the Army Commendation Medal
* Self-authored argument in support of the Iraq Campaign Medal
* DD Form 214
* DA Form 4187 (Personnel Action) recommending him for award of the Combat Action Badge
* Permanent Orders (PO) 281-46 issued by the 377th Theater Support Command Forward) 

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 18 March 2003 and he held military occupational specialty 13P (Multiple Launch Rocket System (MLRS)/Fire Direction Specialist).  He served in Kuwait/Iraq with the 5th Battalion, 3rd Field Artillery, from 30 October 2005 to 29 October 2006. 

3.  PO 281-46, issued by 377th Theater Support Command (Forward) on 6 October 2006, awarded him the Combat Action Badge.

4.  PO 261-18, issued by Headquarters, 336th Transportation Group, on 18 September 2006, awarded him the Army Commendation Medal for meritorious service in support of Operation Iraqi Freedom from 31 October 2005 to 30 October 2006.

5.  He was honorably released from active duty on 3 January 2007.  He completed 3 years, 10 months, and 9 days of creditable active service.  His DD Form 214 shows he was awarded or authorized the:

* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Korea Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Driver and Mechanic Badge with Mechanic Bar

6.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  Initial award included service in Iraq.

	b.  The Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom.  The Iraq Campaign Medal 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)

	c.  Service members 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.  No service member will be entitled to both medals for the same act, achievement, or period of service.

DISCUSSION AND CONCLUSIONS:

1.  PO awarded the applicant the Army Commendation Medal and the Combat Action Badge, neither of which is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  With respect to the Iraq Campaign Medal: 

	a.  The applicant served in Kuwait/Iraq from 30 October 2005 to 29 October 2006.  He was awarded the Global War on Terrorism Expeditionary Medal.  Service members are not entitled to both medals for the same act, achievement, or period of service.  

	b.  Between 19 March 2003 and 28 February 2005, Soldiers were awarded the Global War on Terrorism Expeditionary Medal for their service in Iraq.  At the time of the applicant's arrival in Iraq (October 2005) and separation (3 January 2007), the appropriate award for service in Iraq had been changed to the Iraq Campaign Medal. 

	c.  The applicant was entitled to award of the Iraq Campaign Medal with two bronze service stars for his service in Iraq.  He should be entitled to correction of his DD Form 214 to add this award.  

	d.  The applicant was not entitled to award of the Global War on Terrorism Expeditionary Medal.  However, it is the policy of this Board not to correct an administrative error if the correction would result in a less favorable action to the applicant.  Although he is ineligible for award of the Global War on Terrorism Expeditionary Medal, only upon his application and specific request will it be removed from 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 his DD Form 214 the Army Commendation Medal, Iraq Campaign Medal with two bronze service stars, and Combat Action Badge. 



      ___________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)                                         AR20130020994





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ABCMR Record of Proceedings (cont)                                         AR20130020994



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