IN THE CASE OF:
BOARD DATE: 29 January 2015
DOCKET NUMBER: AR20140008999
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 Air Medal, Global War on Terrorism Service Medal, and Operation Iraqi Freedom campaign information.
2. The applicant states he received the Air Medal after he was discharged.
3. The applicant provides copies of
* his DD Form 214
* Air Medal Certificate
* DA Form 638 (Recommendation for Award) for the Air Medal
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 served in the Regular Army from 15 August 1996 to 30 June 2003 when he was separated with an honorable character of service in pay grade E-4.
3. His DD Form 214 lists his awards as the Army Achievement Medal (3rd Award), Army Good Conduct Medal (2nd Award), National Defense Service Medal (2nd Award), Army Service Ribbon, Basic Aviation Badge, Aircraft Crewman Badge, and the Air Assault Badge. Item 18 (Remarks) shows he served in Iraq from 1 March 2003 through 15 April 2003.
4. The Air Medal Certificate and DA Form 638 which he submitted with his application show that 101st Airborne Division Special Orders Number 158-058D, dated 7 June 2003, awarded him the Air Medal for meritorious achievement for his part of the medical evacuation of a civilian casualty from an unsecured area on 28 March 2003.
5. Army Regulation 600-8-22 (Military Awards) states:
a. The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (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 through 31 December 2011. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns include the Liberation of Iraq (19 March 2003-1 May 2003).
b. The Global War on Terrorism Service Medal is authorized for members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the AOE 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 days or 60 nonconsecutive days are authorized the GWOTSM.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests the Air Medal, Global War on Terrorism Service Medal, and Iraq Campaign Medal with campaign information be added to his DD Form 214.
2. The applicant served in Iraq from 1 March to 15 April 2003 and is authorized the Iraq Campaign Medal with one bronze service star for the Liberation of Iraq campaign period (19 March 2003-1 May 2003).
3. He served on active duty outside the designated AOEs on or after 11 September 2001 and is authorized the Global War on Terrorism Service Medal.
4. He was awarded the Air Medal for meritorious achievement on 28 March 2003.
5. The above awards should be added to his DD Form 214.
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 adding the Air Medal, Iraq Campaign Medal with one bronze service star, and the Global War on Terrorism Service Medal to the awards already shown on 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) AR20140008999
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ABCMR Record of Proceedings (cont) AR20140008999
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