IN THE CASE OF:	  

		BOARD DATE:	  28 August 2014

		DOCKET NUMBER:  AR20140008625 


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), dated 28 March 2005 to show he was awarded the Iraq Campaign Medal instead of the Global War on Terrorism Expeditionary Medal.

2.  The applicant states:

* When he served his tour of duty in Iraq from February 2004 to March 2005 the Iraq Campaign Medal was not in existence 
* He received the Global War on Terrorism Expeditionary Medal for his tour of duty
* He has read the requirements for award of the Iraq Campaign Medal and his tour of duty is covered under the requirements to be awarded the Iraq Campaign Medal

3.  The applicant provides:

* DD Form 214, dated 28 March 2005
* Orders 03-328-00552, dated 24 November 2003
* Order 052-371, dated 21 February 2005


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 U.S. Army Reserve on 20 June 2001.  He completed training as a construction equipment repairer.  

3.  On 6 March 2003, Orders M-065-0120 were published ordering the applicant to active duty in support of Operation Enduring Freedom.

4.  On 14 May 2003, Orders134-0091 were published releasing him from active duty, effective 26 May 2003 and assigning him to the 347th Quartermaster Company Petroleum Operations.  The DD Form 214 he received does not show he was authorized the Global War on Terrorism Service Medal.

5.  On 24 November 2003, Orders 03-328-00552 were published ordering the applicant to active duty in support of Operation Iraqi Freedom, effective 7 December 2003.

6.  On 20 November 2004, the applicant was awarded the Army Reserve Components Achievement Medal for the period July 2001 through June 2004.

7.  Order 052-371 was published on 21 February 2005 releasing him from active duty, effective 28 March 2005.  The DD Form 214 he received for this period of service shows he served in Iraq from 18 February 2004 through 25 February 2005 and received the following awards:

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

8.  On 6 December 2006, a DD Form 215 (Correction to DD Form 214) was prepared amending the applicant's DD Form 214, dated 28 March 2005, to add the Combat Action Badge.

9.  Orders CA-342-0057 show the applicant was ordered to active duty in support of Operation Enduring Freedom for service in Kandahar, Afghanistan, effective 13 December 2010.  Orders 315-0075, dated 11 November 2011, released him from active duty, effective 20 December 2011, and assigned him to the 200th Transportation Company, Baltimore, Maryland.  His DD Form 214 shows the following awards:

* Army Commendation Medal
* Army Achievement Medal
* Meritorious Unit Commendation
* National Defense Service Medal
* Afghanistan Campaign Medal with two bronze service stars
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Noncommissioned Officers Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Armed Force Reserve Medal with "M" Device (Second Award)
* NATO Medal
* Combat Action Badge
* Driver and Mechanic Badge with Driver Wheeled Vehicle Clasp

10.  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.  Only one award of this medal may be authorized for any individual, and under no condition will personnel or units receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns included:

* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  According to the applicable regulation the applicant may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.  He is also authorized two bronze service stars to show his campaign participation.

3.  The applicant's records show he was awarded the Army Reserve Components Achievement Medal.  This award should also be added to his 
DD Form 214.

4.  In view of the foregoing, the applicant's records should be corrected as recommended below.

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:

	a.  deleting from his DD Forms 214, dated 28 March 2005 and 20 December 2011, the Global War on Terrorism Expeditionary Medal; and





	b.  adding to DD Forms 214, dated 28 March 2005 and 20 December 2011, the Iraq Campaign Medal with two bronze service stars and the Army Reserve Components Achievement Medal.



      _______ _   _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)                                         AR20140008625



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ABCMR Record of Proceedings (cont)                                         AR20140008625



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