BOARD DATE: 27 January 2015
DOCKET NUMBER: AR20140010192
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) for the period ending 13 June 2008 to show the Iraq Campaign Medal.
2. The applicant states he served in Iraq from 2007 to 2008; however, the Iraq Campaign Medal is not listed on his DD Form 214. His platoon sergeant served in Iraq with him during the same period and this medal is listed on the platoon sergeant's DD Form 214.
3. The applicant provides his DD Form 214 for the period ending 13 June 2008 and National Guard Bureau (NGB) Form 22 (Report of Separation and Record 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 Illinois Army National Guard (ILARNG) on 11 February 2004. He entered active duty on 4 June 2007 as a member of his ILARNG unit in support of Operation Iraqi Freedom (OIF).
3. He served in Iraq from 16 August 2007 to 22 May 2008 while assigned to the 3637th Support Maintenance Company, ILARNG.
4. He was honorably released from active duty on 13 June 2008 to the control of the ARNG.
5. The DD Form 214 he was issued for this period of service does not show the Iraq Campaign Medal. This DD Form 214 shows during this period of service he served in Iraq from 16 August 2007 to 22 May 2008.
6. He was honorably released from the ARNG on 10 February 2010 and he was transferred to the U.S. Army Reserve Control Group (Annual Training). The NGB Form 22 he was issued does not show the Iraq Campaign Medal.
7. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to service members who served in direct support of OIF. The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to 31 December 2011. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days. A bronze service star is authorized for wear with this medal for participation in each credited campaign. A review of his record shows he participated in one campaign during his service in Iraq.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant served in Iraq during a qualifying period for award of the Iraq Campaign Medal and he participated in one campaign during his service in Iraq. Therefore, he is entitled to correction of his DD Form 214 for the period ending 13 June 2008 and his NGB Form 22 to show the Iraq Campaign Medal with one bronze service star.
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 and Army National Guard records of the individual concerned be corrected by amending his DD Form 214 for the period ending 13 June 2008 and his NGB Form 22 by adding the Iraq Campaign Medal with one bronze service star.
__________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) AR20140010192
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