IN THE CASE OF:
BOARD DATE: 9 December 2014
DOCKET NUMBER: AR20140007694
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 awards of the Iraq Campaign Medal and Global War on Terrorism Service Medal (GWOTSM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that he served in Iraq during the period 20061029 20071030 and his awards of the Iraq Campaign Medal and GWOTSM were omitted from his DD Form 214.
3. The applicant provides a copy of his 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 4 May 2006 for a period of
3 years and 16 weeks and training as a combat engineer. He completed his one-station unit training at Fort Leonard Wood, Missouri and he was transferred to Fort Stewart, Georgia for his first and only assignment. He deployed to Iraq during the period 20061029 20071030 (1 year).
3. On 7 January 2009, he was discharged. His DD Form 214 shows in item 12f (Foreign Service) the entry 0000 00 00 indicating he served no foreign service. It further shows he was awarded the Army Service Ribbon and Combat Action Badge.
4. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF). 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 GWOTSM 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 (AOE) 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 GWOTSM.
6. Army Regulation 600-8-22 states the:
a. National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
b. the Overseas Service Ribbon (OSR) is awarded for successful completion of overseas tours.
c. 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 months continuous in Iraq or Afghanistan get credit for a completed short tour.
DISCUSSION AND CONCLUSIONS:
1. The applicant served 1 year and 2 days of foreign service in Iraq and is entitled to have that service reflected in item 12f of his DD Form 214.
2. He served during a qualifying period for awards of the Iraq Campaign Medal with two bronze service stars, GWOTSM, OSR, and the NDSM and is entitled to have those awards added to his DD Form 214.
3. Accordingly, his DD Form 214 should be corrected at this time to reflect his foreign service and additional awards.
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:
* Deleting from item 12f of his DD Form 214 the entry 0000 00 00
* Adding to item 12f of his DD Form 214 the entry 0001 00 02
* Adding to his DD Form 214 the awards of the Iraq Campaign Medal with two bronze service stars, GWOTSM, OSR, and NDSM
____________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) AR20140007694
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ABCMR Record of Proceedings (cont) AR20140007694
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