IN THE CASE OF:  	  

		BOARD DATE:  3 March 2015	  

		DOCKET NUMBER:  AR20140011447 


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, in effect, award of the Iraq Campaign Medal and Combat Action Badge and their addition to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states the Iraq Campaign Medal and Combat Action Badge were approved after his separation from active duty.  He recently learned how to apply for the addition of these awards to his DD Form 214.  He is attaching a copy of his Bronze Star Medal citation which provides evidence for award of both the Iraq Campaign Medal and Combat Action Badge.  He recently reviewed his documents and he would like to receive the awards that he earned with his unit and fellow Soldiers for his service in Iraq and the Army.

3.  The applicant provides copies of the following:

* DA Form 638 (Recommendation for Award)
* DD Form 214
* Orders Number D-05-909937
* Honorable Discharge Certificate
* DD Form 215 (Correction to 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  With respect to the Combat Action Badge:

	a.  Paragraph 2-5 of Army Regulation 15-185 (Army Board for Correction of Military Records), the regulation under which this Board operates, states the Board will not consider any application if it determines that the applicant has not exhausted all available administrative remedies.  There is no evidence that the applicant submitted an application for award of the Combat Action Badge to the Commander, U.S. Army Human Resources Command, ATTN:  Veterans Services, 1600 Spearhead Division Avenue, Fort Knox, KY  40121-5743, and was denied relief for this award.

	b.  The Combat Action Badge may be requested by letter and requests should contain the following:

* assignment, attachment, or operational control orders
* a copy of the Soldier's  officer Record Brief
* a copy of the chain of command endorsement
* a one-page narrative description of the qualifying incident
* a certified copy of the DD Form 214
* any other supporting documentation

	c.  Therefore, the issue of the Combat Action Badge will not be discussed further in this Record of Proceedings.

3.  The applicant was appointed in the U.S. Army Reserve (USAR), as a second lieutenant on 10 May 2001.  He held area of concentration 19A (Armor Officer).  He entered active duty on 10 May 2001.  He served in Iraq from 10 April 2003 through 31 March 2004.

4.  He provided a copy of the DA Form 638 awarding him the Bronze Star Medal with "V" Device for exceptionally meritorious service from 11 April 2003 through 4 April 2004 in Iraq.  This award was approved by Permanent Orders Number 027-013 on 27 January 2004.

5.  He was honorably released from active duty on 1 October 2004 and was transferred to a USAR Control Group.  He was credited with completing 3 years, 4 months, and 22 days of active service.  His DD Form 214 lists the:

* Bronze Star Medal with "V" Device
* Army Commendation Medal
* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Bar (2nd Award)

6.  He also provided copies of the following:

* Orders Number D-05-9-9937, dated 13 May 2009, honorably discharging him from the USAR
* Honorable Discharge Certificate dated 13 May 2009
* DD Form 215, dated 21 May 2009, which corrected item 6 (Reserve Obligation Termination Date) of his DD Form 214 to read: "2006-02-19"

7.  On 3 February 2015, a staff member of the Board contacted the applicant reference his request for award of the Iraq Campaign Medal and its addition to his DD Form 214 ending on 1 October 2004.  The applicant was advised that the 2004 DD Form 214 currently listed the Global War on Terrorism Expeditionary Medal for his service in Iraq during the period covered by the DD Form 214.  The applicant was further advised that individuals are not entitled to both medals for the same period.  In order to add the Iraq Campaign Medal to that DD Form 214, the Global War on Terrorism Expeditionary Medal would have to be deleted from the DD Form 214.  Upon application, the applicant must specifically request award of the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.  He did not respond.

8.  Army Regulation 600-8-22 (Military Awards) states:

   a.  The Global War on Terrorism Expeditionary Medal is awarded to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September, 2001 to a date to be determined for 30 consecutive days or 60 nonconsecutive days in the area of eligibility in direct support of Operation enduring Freedom (OEF). 

   b.  The Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom from on or after 19 March 2003 to 31 December 2011.  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 the Iraq Campaign Medal and Global War on Terrorism Service Medal for the same act, achievement or period of service.  Campaign participation during his period of service in Iraq included the Liberation of Iraq – 19 March 2003 through 1 May 2003 and the Transition of Iraq – 2 May 2003 through 28 June 2004.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested award of the Iraq Campaign Medal for his service in Iraq.  His DD Form 214 ending on 1 October 2004 shows he was awarded the Global War on Terrorism Expeditionary Medal for that service.

2.  A staff member of the Board contacted the applicant on multiple occasions to inform him that he was not entitled to both medals for the same period and that upon application he must specifically request award of the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.  He did not respond. 

3.  As a result, the Board cannot presume he is requesting award of the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.  Therefore, he is not entitled to the Iraq Campaign Medal and its addition to his 2004 DD Form 214 at this time.  If he desires award of the Iraq Campaign Medal in lieu of the Global War on Terrorism Medal, he may reapply to the Board.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case 
are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   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)                                         AR20140011447



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ABCMR Record of Proceedings (cont)                                         AR20140011447


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