BOARD DATE:	  15 January 2015

		DOCKET NUMBER:  AR20140007823 


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) for the period ending 24 June 2004 to show:

* the Iraq Campaign Medal with two bronze service stars
* his last unit of assignment as the 226th Engineer Company vice Engineer Company

2.  The applicant states he deployed with the 226th Engineer Company, Kansas Army National Guard (KSARNG), as a member of the U.S. Army Reserve (USAR).  He was assigned to the KSARNG unit because they needed his military occupational specialty (MOS).  When in country, his unit was assigned to the 64th Engineer Battalion, Fort Hood, TX, and they were part of phase one and phase two of Operation Iraqi Freedom (OIF).  Item 8a (Last Duty Assignment and Major Command) of his DD Form 214 does not show his unit number.  Mistakes were made on his DD Form 214 and he (the applicant) did not look at it very carefully at the time it was prepared.

3.  The applicant provides no additional evidence.

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 27 August 1996 and he held MOS 51B (Carpentry and Masonry Specialist).  He was honorably released from active duty on 10 November 1999 and he was transferred to the USAR Control Group.

3.  On 19 March 2002, he was released from the USAR Control Group (Reinforcement) and assigned to the USAR, 955th Engineer Detachment, Troop Program Unit (TPU), St. Louis, MO.  On 15 August 2002, he was reassigned to the 955th Engineer Detachment, Fort Leonard Wood, MO.

4.  He entered active duty as a member of the USAR on 17 January 2003.  He served in Kuwait and Iraq from 17 March to 9 July 2003.  His record is void of any documentation that shows what unit he was assigned to while deployed to Kuwait and Iraq.  

5.  His record contains a DA Form 1059 (Service School Academic Evaluation Report) that shows he attended the Primary Leadership Development Course from 21 February to 1 March 2004 at the 209th Training Regiment Noncommissioned Officer Academy, Nebraska ARNG (NEARNG), Ashland, NE.

6.  He was honorably released from active duty on 24 June 2004 at Fort Riley, KS, to the control of the 6025th USAR Garrison Support Unit, St Louis, MO.  

7.  Item 8a of the DD Form 214 he was issued for this period of service contains the entry Engineer Company, Combat Battalion (Heavy).  

8.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows the:

* Army Lapel Button
* Army Commendation Medal  
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
* Parachutist Badge
* Driver and Mechanic Badge with Driver M Bar

9.  Item 18 (Remarks) of his DD Form 214 contains the entry "Service in Kuwait/Iraq from 17 March to 9 July 2003."  

10.  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.

11.  On 12 January 2015, the applicant was contacted reference his application.  He stated that, at the present time, he was not sure if he wanted the Iraq Campaign Medal with two bronze service stars in lieu of the Global War on Terrorism Expeditionary Medal.  He also stated he did not have any documentation that showed he had been assigned to the 226th Engineer Company.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served on active duty from 17 January 2003 to 24 June 2004 and deployed to Kuwait/Iraq from 17 March to 9 July 2003.  However, his record is void of any evidence and he has not provided any evidence that shows what unit he was assigned to while serving on active duty.  Therefore, there is insufficient evidence upon which to correct his DD Form 214 for the period ending 24 June 2004 to show his last duty assignment as the 226th Engineer Company, KSARNG.

2.  With respect to the Iraq Campaign Medal with two bronze service stars, the evidence of record shows the applicant received the Global War on Terrorism Expeditionary Medal for his service in Iraq.  In accordance with governing regulations, no service member is entitled to both the Iraq Campaign Medal and the Global War on Terrorism Expeditionary medals for the same act, achievement, or period of service.  Therefore, he is not entitled to this portion of the requested relief.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  __X______  __X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _ 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)                                         AR20140007823



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ABCMR Record of Proceedings (cont)                                         AR20140007823



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