BOARD DATE:	  2 December 2014

		DOCKET NUMBER:  AR20140007275 


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 request correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add award of the Iraq Campaign Medal (ICM) with two bronze service stars and the Combat Action Badge (CAB).

2.  The applicant states the requested awards are not listed on his DD Form 214. 

3.  The applicant provides his DD Form 214, a copy of his deployment orders, and a memorandum, subject: Deployment of [Applicant]. 

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.  With regard to the applicant's request for award of the CAB, the ABCMR operates under the procedures set forth in Army Regulation 15-185 which provides that the ABCMR will not consider any application until the applicant has first exhausted all other administrative remedies to correct the alleged error or injustice.  Requests for retroactive award of the CAB must be forwarded to the Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The applicant may request this award by letter.  Since the applicant has not exhausted his administrative remedy with regard to this award, no further action can be taken at this time.  The CAB will not be discussed further in these proceedings.

3.  After having had prior service, on 4 May 1997 the applicant took the oath of office as a Reserve commissioned officer.  He entered active duty the same day.  

4.  Section IX (Assignment History) of his Officer Record Brief shows he was assigned to duty in Iraq with Headquarters and Headquarters Troop, 3rd Armored Cavalry Regiment, from 22 April 2003 to 20 July 2003.

5.  On 15 October 2003, he was honorably released from active duty.  His 
DD Form 214 shows in:

a.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized):

* Kosovo Campaign Medal 
* Army Commendation Medal (3rd Award)
* Army Achievement Medal (5th Award)
* National Defense Service Medal (2nd Award)
* Army Service Ribbon
* Overseas Service Ribbon
* NATO Medal
* Expert Infantryman Badge
* Parachutist Badge

b.  Item 18 (Remarks) - no entry indicating he was deployed to Iraq.
  
6.  He provides Orders 100-304, issued by Headquarters, JRTC and Fort Polk, Fort Polk, LA, on 10 April 2003, directing the reassignment and deployment of individuals assigned to HHT, 2d Armored Cavalry Regiment, in support of Operation Enduring Freedom.  These orders show affected individuals would proceed on or about 22 April 2003.  His name is listed.

7.  Army Regulation 600-8-22 (Military Awards) states the ICM is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  The AOE 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)

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents) at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" in block 18 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  His record indicates he arrived in Iraq on or about 22 April 2003 and it is reasonable to presume that he entered Iraq with his unit on or about that date and remained in Iraq until he departed to return to the United States on or about 20 July 2003.

2.  Based on his service in Iraq and his participation in two campaigns, he is entitled to the ICM with two bronze service stars and correction of his DD Form 214 to show this award.

3.  His period of deployed service in Iraq is not shown on his DD Form 214; therefore, it would be appropriate to correct his DD Form 214 to show it.

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 item 13 of his DD Form 214 for the period 15 October 2003 the Iraq Campaign Medal with two bronze service stars;

* adding to item 18 of his DD Form 214 for the period ending 15 October 2003 the entry "SERVICE IN IRAQ FROM 20030422 - 20030720"



      _________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)                                         AR20140007275





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ABCMR Record of Proceedings (cont)                                         AR20140007275



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