IN THE CASE OF:  	  

		BOARD DATE:  4 August 2015	  

		DOCKET NUMBER:  AR20140021715 


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 the Iraq Campaign Medal and the Combat Action Badge be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 October 2003.

2.  The applicant states these awards were authorized after he was separated from active duty.

3.  The applicant provides:

* DD Form 214
* orders for separation from active duty
* orders for discharge from the U.S. Army Reserve (USAR) 

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 Chief of Staff, Army approved the creation of the Combat Action Badge on 2 May 2005 (over 1 year after the applicant's discharge).  The Commander, U.S. Army Human Resources Command (HRC) is the approval authority for requests for award of the Combat Action Badge that are submitted outside the 90-day redeployment window.  The applicant must first submit his request in writing for the award of the Combat Action Badge to U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  Army Regulation 15-185 (ABCMR), the regulation under which this Board operates, states that the Board will not consider any application if it determines that the applicant has not exhausted all administrative remedies available.  There is no evidence that the applicant has previously submitted a request for the award of the Combat Action Badge to HRC.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  On 23 January 2001, he enlisted in the Regular Army.  He completed basic combat and advanced individual training and was awarded military occupational specialty 95B (Military Police (MP)).

4.  On 13 July 2001, he was assigned to the 977th MP Company at Fort Riley, KS.

5.  On 31 October 2003, he was released from active duty.  He completed 
2 years, 9 months, and 8 days of active service that was characterized as honorable.  His DD Form 214 shows he was awarded or is authorized the:

* Army Lapel Button
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Army Service Ribbon

6.  Item 18 (Remarks) of his DD Form 214 shows he served in Kuwait/Iraq from 4 April 2003 to 4 August 2003.  He participated in two campaigns.

7.  Department of the Army General Orders Number 3, dated 6 November 2007, awarded the 716th MP Battalion, which included the 977th MP Company, the Meritorious Unit Commendation (Army) for the period from 25 April 2003 to 2 February 2004.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

	a.  The Iraq Campaign Medal is awarded to members who have 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 to 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  

	b.  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 designated areas of eligibility on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined and having served 30 consecutive or 60 nonconsecutive days are authorized award of the Global War on Terrorism Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  Using the beginning date of the Meritorious Unit Commendation (Army)   awarded to the 977th MP Company and the ending date in the deployment entry in item 18 of his DD Form 214 it appears his actual dates in Iraq were 25 April 2003 to 4 August 2003.  This meets the requirements for the Iraq Campaign Medal with two bronze service stars.

2.  He was assigned to the 977th MP Company during the period for which the unit was awarded the Meritorious Unit Commendation (Army).

3.  He served more than 30 days consecutive days of active service after 
11 September 2001 and prior to his deployment to Iraq.  He meets the requirements for the Global War on Terrorism Service Medal.


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 to his DD Form 214 with a separation date of 31 October 2003 the:

* Meritorious Unit Commendation (Army) 
* Iraq Campaign Medal with 2 bronze service stars
* Global War on Terrorism Service Medal




      _______ _   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)                                         AR20140021715



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ABCMR Record of Proceedings (cont)                                         AR20140021715



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