BOARD DATE: 7 August 2014
DOCKET NUMBER: AR20130021958
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 all awards he is authorized as a result of his service in Iraq.
2. The applicant states his unit did not take the time to make the appropriate entries on his record.
3. The applicant provides a 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 8 August 2000.
3. The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 23 November 2002 to 10 August 2003.
4. He was honorably released from active duty on 4 November 2003. His DD Form 214 shows he was awarded or authorized the:
* Presidential Unit Citation
* Army Good Conduct Medal
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Kosovo Campaign Medal
* Army Service Ribbon
* North Atlantic Treaty Organization (NATO) Medal
* Combat Infantryman Badge
5. His DD Form 214 also shows served in support of Operations Desert Spring and Iraqi Freedom from 26 November 2002 to 11 August 2003.
6. Army Regulation 600-8-22 (Military Awards) states:
a. The Iraq Campaign Medal is awarded to members who have 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 through 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)
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 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 Iraq Campaign Medal. 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 Global War on Terrorism Service Medal.
7. Table 2-4 of Army Regulation 600-8-22 shows the dates of Operation Desert Spring as 31 December 1998 to 18 March 2003.
DISCUSSION AND CONCLUSIONS:
1. His DD Form 214 shows he served in support of Operations Desert Spring and Iraqi Freedom from 26 November 2002 to 11 August 2003. The end of Operation Desert Spring was 18 March 2003. Therefore, it appears he served in support of Operation Iraqi Freedom from 19 March to 11 August 2003. As a result he is authorized the Iraq Campaign Medal with two bronze service stars and correction of his DD Form 214 to show this award.
2. He served a period of qualifying active duty service for award of the Global War on Terrorism Service Medal. This award should also be added 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 his 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.
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