IN THE CASE OF:	  

		BOARD DATE:	  4 December 2014

		DOCKET NUMBER:  AR20140006485 


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 the Iraq Campaign Medal vice the Global War on Terrorism Expeditionary Medal and any other medals he might be entitled to.

2.  The applicant states he was deployed to Iraq in support of Operation Iraqi Freedom (OIF) from 11 March 2004 to 8 March 2005.  He fought and engaged the enemy in over 150 missions.  He should have received the Iraq Campaign Medal and would like this medal in lieu of the Global War on Terrorism Expeditionary Medal.  In addition, he would like any other medals he might be entitled to added to his DD Form 214.

3.  The applicant provides his DD Form 214, DD Form 215 (Correction to DD Form 214), two DA Forms 2166-8 (Noncommissioned Officer Evaluation Report (NCOER)), and permanent orders.

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 28 September 1999 and held military occupational specialty 11B (Infantryman).  He was assigned to the 2nd Battalion, 5th Cavalry Regiment, 1st Cavalry Division at Fort Hood, TX.

3.  He provides Permanent Orders 110-05, dated 19 April 2004, issued by Headquarters, 1st Brigade Combat Team, Iraq, which show he was awarded the Combat Infantryman Badge for participating in combat operations in support of OIF.

4.  He was honorably released from active duty on 7 July 2005.  The DD Form 214 he was issued shows he was awarded or authorized the:

* Army Lapel Button
* Army Commendation Medal (2nd Award)
* Army Achievement Medal (4th Award)
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* NCO Professional Development Ribbon
* Army Service Ribbon
* Expert Infantryman Badge
* Driver and Mechanic Badge with Driver-T Bar

5.  This DD Form 214 also shows he served in Kuwait from 16 December 2000 to 16 April 2001.

6.  He was subsequently issued a DD Form 215, dated 14 January 2011, wherein it added:

* the Army Good Conduct Medal (1st Award) and Combat Infantryman Badge
* an entry to show he served in Kuwait/Iraq from 11 March 2004 to 8 March 2005
* an entry to show he had 1 year, 5 months, and 1 day of foreign service

7.  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.

   b.  The Iraq Campaign Medal is awarded to members who served in direct support of OIF.  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.  A review of his records shows he participated in two campaigns during his service in Iraq.

	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.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

	d.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.

	e.  According to the Awards Branch at the U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 continuous months in Iraq or Afghanistan receive credit for a completed short tour.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Iraq during a qualifying period for award of the Iraq Campaign Medal and he participated in two campaigns during that service.  In addition, he requested award of the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.  Therefore, it would be appropriate to correct his DD Form 214 accordingly.

2.  His award of the Combat Infantryman Badge in April 2004 confirms he served in Iraq over 9 continuous months between March 2004 and March 2005; therefore, he is entitled to the Overseas Service Ribbon and correction of his DD Form 214 accordingly.

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 amending his DD Form 214 by:

* deleting the Global War on Terrorism Expeditionary Medal
* adding the Iraq Campaign Medal with two bronze service stars and the Overseas Service Ribbon



      ___________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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