IN THE CASE OF:
BOARD DATE: 20 January 2015
DOCKET NUMBER: AR20140008899
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 Air Medal and Iraq Campaign Medal with two bronze service stars.
2. The applicant states:
a. He was awarded the Air Medal for participating in aerial flight as a crew chief during Operation Iraqi Freedom, but it is not listed on his DD Form 214.
b. Per Executive Order 13363, he is authorized award of the Iraq Campaign Medal with two bronze service stars. His DD Form 214 does not reflect this award because he was separated prior to authorization of the award. He served in Iraq from 28 April 2003 to 12 September 2003.
3. The applicant provides:
* DA Form 638 (Recommendation for Award)
* Air Medal Certificate
* DD Form 214
* 2nd Battalion, 501st Aviation Regiment, 4th Brigade, 1st Armored Division, memorandum for record, dated 5 September 2003, subject: Proof of Service
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 17 October 1996 and trained as a UH-60 helicopter repairer. His DD Form 214 shows he served in Iraq from 28 April 2003 to 12 September 2003.
3. He provided a DA Form 638, dated September 2003, which shows he was awarded the Air Medal for the period 28 April 2003 to 21 September 2003 by 1st Armored Division permanent orders, dated 16 November 2003. He also provided an Air Medal Certificate showing he was awarded the Air Medal for meritorious achievement while participating in aerial flight during Operation Iraqi Freedom during the period 28 April 2003 to 21 September 2003.
4. On 20 December 2003, he was honorably released from active duty.
5. His DD Form 214 shows he was awarded or authorized the:
* Army Commendation Medal (3rd Award)
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon with Numeral 2
* North Atlantic Treaty Organization Medal
* Aircraft Crew Member Badge
* Kosovo Campaign Medal
6. Army Regulation 600-8-22 (Military Awards) states 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 through 31 December 2011. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns are:
* 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)
* Iraqi Sovereignty (1 January 2009-31 August 2010)
* New Dawn (1 September 2010-31 December 2011)
7. Army Regulation 600-8-22 states the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility 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 or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.
DISCUSSION AND CONCLUSIONS:
1. The DA Form 638 and Air Medal certificate which show the applicant was awarded the Air Medal are accepted as sufficient evidence on which to base adding the Air Medal to his DD Form 214.
2. Based on his service in Iraq and participation in two campaigns, he is authorized award of the Iraq Campaign Medal with two bronze service stars. Therefore, his DD Form 214 should be corrected to show this award.
3. He served a period of qualifying service for award of the Global War on Terrorism Service Medal. Therefore, his DD Form 214 should be corrected to show this medal.
BOARD VOTE:
____X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 award of the Air Medal, Iraq Campaign Medal with two bronze service stars, and Global War on Terrorism Service Medal to 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) AR20140008899
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ABCMR Record of Proceedings (cont) AR20140008899
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