IN THE CASE OF:	  

		BOARD DATE:	   6 January 2015

		DOCKET NUMBER:  AR20140008705 


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 award of the Iraq Campaign Medal and to state service in "Operation Iraqi Freedom."

2.  The applicant states his DD Form 214 does not specifically state "Operation Iraqi Freedom," it states "Service in Iraq."

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 22 July 2003.  He served in Iraq from 16 November 2003 to 18 April 2004 in support of Operation Iraqi Freedom.
  
3.  He was honorably discharged on 8 November 2005 in the rank/grade of specialist (SPC)/E-4.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Army Service Ribbon
* Combat Infantryman Badge
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal

4.  Item 18 (Remarks) of his DD Form 214 contains the statement, "SERVICE IN IRAQ 2003/11/16 – 2004/04/18//MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE//NOTHING FOLLOWS."

5.  His records do not contain official orders awarding him the Army Good Conduct Medal nor do they contain any reference of disqualification for award of the Army Good Conduct Medal.

6.  The applicant was contacted by an analyst for the ABCMR to determine whether the applicant wanted to be awarded the Iraq Campaign Medal with one bronze service star in lieu of the Global War on Terrorism Expeditionary Medal.  He requested the Iraq Campaign Medal with one bronze service star.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

   a.  The Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom.  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 to 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns include the Transition of Iraq for the period 2 May 2003 to   28 June 2004.

	b.  Service members who 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.

	c.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

8.  Army Regulation 635-5 (Separation Documents), then in effect, provided detailed instructions for completing separation documents, including the DD Form 214.  It states for item 18, 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)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Iraq from 16 November 2003 to 18 April 2004 which entitled him to award of the Global War on Terrorism Expeditionary Medal for this period of service.  Regulatory guidance allows Soldiers to elect the Iraq Campaign Medal in lieu of a previously-awarded Global War on Terrorism Expeditionary Medal as the representative medal for service in Iraq.  He now chooses to do so.  Therefore, he is entitled to the Iraq Campaign Medal with one bronze service star for his service in support of Operation Iraqi Freedom.

2.  The applicant was promoted to SPC/E-4 and there is no record of any disciplinary action taken against him or a justification of disqualification for award of the Army Good Conduct Medal.  Based on his overall record of service it appears an administrative error occurred resulting in failure to award him the first award of the Army Good Conduct Medal prior to his discharge.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award), for the period 22 July 2003 through 8 November 2005, and to correct his DD Form 214 to show this award.

3.  With regard to correcting item 18 of his DD Form 214 to state, "Operation Iraqi Freedom," the governing regulation confirms the current entry in item 18 of the applicant's DD Form 214 is correctly annotated.  Therefore, there is no basis for granting this portion of his requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 Form 214 the Global War on Terrorism Expeditionary Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
22 July 2003 through 8 November 2005; and 

   c.  adding to his DD Form 214 the Iraq Campaign Medal with one bronze service star and Army Good Conduct Medal.
 
2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to placing the statement, "Operation Iraqi Freedom" in item 18 of his DD Form 214.



      ___________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)                                         AR20140008705





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ABCMR Record of Proceedings (cont)                                         AR20140008705



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