IN THE CASE OF:
BOARD DATE: 4 September 2014
DOCKET NUMBER: AR20140001781
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Iraq Campaign Medal (ICM) with two bronze service stars.
2. The applicant states that his DD Form 214 only reflects one bronze service star on his ICM; however, he is entitled to two bronze service stars.
3. The applicant provides a copy of Military Personnel (MILPER) Message
10-078.
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 entered active duty as a U.S. Army Reserve second lieutenant on 16 May 1998. He completed his training and continued to serve on active duty in various assignments which included a tour in Korea and two tours in Iraq during the periods 20031112 20041111 and 20061117 20071117. He was promoted to the rank of major on 1 December 2007.
3. On 30 June 2008, he was honorably discharged due to miscellaneous/general reasons. He had served 10 years, 1 month, and 15 days of active service. His DD Form 214 issued at the time of his discharge shows he was awarded the Bronze Star Medal, Army Commendation Medal (4th Award), Army Achievement Medal (2nd Award), Meritorious Unit Commendation, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Korea Defense Service Medal, Iraq Campaign Medal with one bronze service star, Overseas Service Ribbon (2nd Award), Explosive Ordnance Disposal Badge, Senior Parachutist Badge, Air Assault Badge, and Royal British Parachutist Wings.
4. Army Regulation 600-8-22 (Military Awards) states the ICM 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 include:
* 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)
5. Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Iraq during two designated campaigns in his last tour in Iraq and is entitled to wear two bronze service stars on his already-awarded ICM and to have them added to his DD Form 214.
2. The applicant also served three short overseas tours and is entitled to the third award of the Overseas Service Ribbon and to have it reflected on his DD Form 214.
BOARD VOTE:
___X____ ___X___ ___X____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* Deleting the Iraq Campaign Medal with one bronze service star and Overseas Service Ribbon (2nd Award) from his DD Form 214
* Adding the Iraq Campaign Medal with two bronze service stars and Overseas Service Ribbon (3rd Award) to his DD Form 214
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
__________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) AR20140001781
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ABCMR Record of Proceedings (cont) AR20140001781
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