IN THE CASE OF:	  

		BOARD DATE:	  22 January 2015

		DOCKET NUMBER:  AR20140008912 


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 the Iraq Campaign Medal with two bronze service stars. 

2.  The applicant states he served in Kuwait/Iraq from 10 January to 17 July 2003.  Part of this service was in Kuwait (10 January to 18 March 2003 and 
20 March to13 June 2003).  He qualifies for both the Global War on Terrorism Expeditionary Medal and the Iraq Campaign Medal with two bronze service stars. The Army Board for Correction of Military Records (ABCMR) previously corrected another Soldier's DD Form 214 to award the medal for similar circumstances. 

3.  The applicant provides:

* Deployment orders
* Certificate for award of the Bronze Star Medal
* DD Form 214
* Officer Evaluation Report (OER)
* Email exchanged
* Criteria for award of the Global War on Terrorism Expeditionary Medal
* ABCMR Docket Number AR20100001172, dated 29 July 2010





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 was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 10 May 2001.  He completed the Judge Advocate Officer Basic Course.

3.  On 16 December 2002, Headquarters, Fort Stewart, GA published Orders 350-19 ordering movement of Headquarters, 3rd Brigade, Fort Benning, GA and supporting elements for deployment to Kuwait in support of Operation Enduring Freedom (OEF), on or about 12 January 2003.  The applicant's name is listed under Headquarters and Headquarters Company, 3rd Brigade, 3rd Infantry Division. 

4.  Permanent Order Number 123-180, issued by Headquarters, 3rd Infantry Division, on 3 May 2003, awarded him the Bronze Star Medal for meritorious achievement in support of Operation Iraqi Freedom (OIF) from 20 March 2003 to 30 April 2003.  Additionally, his OER for the rating period 6 January 2003 through 14 July 2003 shows he deployed in support of OEF and OIF. 

5.  He was honorably released from active duty on 4 June 2004.  His DD Form 214 shows he served in Kuwait/Iraq from 10 January 2003 to 17 July 2003 and he was awarded or authorized the: 

* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal
* Bronze Star Medal
* Army Commendation Medal (2nd Award)
* Presidential Unit Citation
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Army Service Ribbon
6.  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 OIF.  The area of eligibility (AOE) 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 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 to 31 December 2011)

	b.  The Global War on Terrorism Expeditionary Medal is authorized for award to members who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general AOE encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria including:  (1) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE; or (2), is killed, wounded, or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time.) 

	c.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons 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.  


DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Kuwait/Iraq from 10 January to 17 July 2003.  The Army considers 19 March 2003 as the official date when OIF commenced.  He served in Kuwait from 10 January to presumably 19 March 2003 in support of OEF.  This period of service qualifies him for award of the Global War on Terrorism Expeditionary Medal and it is already shown on his DD Form 214.

2.  The evidence of record further shows he served in Iraq from at least 19 March to on or about 30 April 2003, the date shown on his award of the Bronze Star Medal.  However, he contends he returned from Iraq to Kuwait on or about 
13 June 2003 which is also consistent with the OER he provides.  This period of service qualifies him for award of the Iraq Campaign Medal.  Additionally, he participated in two campaigns (Liberation of Iraq and Transition of Iraq) during this period of service.  Therefore, he is entitled to award of two bronze service stars to be worn with the Iraq Campaign Medal and correction of his DD Form 214 to show these awards.

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 to his DD Form 214 the Iraq Campaign Medal with two bronze service stars. 



      _______ _   _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)                                         AR20140008912



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ABCMR Record of Proceedings (cont)                                         AR20140008912



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