IN THE CASE OF:	  

		BOARD DATE:	  4 August 2015

		DOCKET NUMBER:  AR20150000506 


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:

* Combat Action Badge (CAB)
* Iraq Campaign Medal with 2 bronze service stars in lieu of the Global War on Terrorism Expeditionary Medal

2.  The applicant states at the time of his discharge the option to request the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal did not exist and the CAB was a new award.  However, he should be issued the CAB, because during his deployment with the 1st Battalion, 501st Aviation, and while attached to the 2nd Battalion, 501st Aviation, he was subjected to numerous rocket attacks at Baghdad International Airport.

3.  The applicant provides his DD Form 214 and a certificate of achievement.

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's request for the CAB is premature.  Prior to applying to this Board, he must exhaust his administrative remedy by applying for retroactive award of the CAB to the Commander, U.S. Army Human Resources Command, ATTN: Veteran Services, 1600 Spearhead Division Avenue, Fort Knox, KY  40121-5743.  The CAB may be requested by letter and the request must be supported by the following:

* Assignment, attachment, or operational control orders
* The Soldier's Officer or Enlisted Record Brief
* The chain of commands endorsement
* A one-page narrative description of the qualifying incident
* A certified copy of the DD Form 214
* Any other supporting documentation

In view of the foregoing, the CAB will not be addressed further in these proceedings.  

3.  On 10 July 1998, the applicant enlisted in the Regular Army and he held military occupational specialties 15R (Attack Helicopter Repairer) and 62B (Construction Equipment Repairer).  He served in Iraq from 10 July 2003 to 20 July 2004 while assigned to the 1st Battalion, 501st Aviation Regiment.

4.  He was honorably discharged from active duty on 15 July 2005.  His DD Form 214 shows he was awarded or authorized the:

* Army Lapel Button
* Army Achievement Medal (2nd Award)
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Army Service Ribbon
* Overseas Service Ribbon
* North Atlantic Treaty Organization Medal
* Kosovo Campaign Medal
* Army Aviation Badge
5.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.

	b.  The Iraq Campaign Medal is awarded to members who 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.  A review of his records shows he participated in two campaigns during his service in Iraq.

	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:

The evidence of record confirms the applicant served in Iraq from 10 July 2003 to 20 July 2004.  He served in Iraq during a qualifying period for award of the Iraq Campaign Medal and he participated in two campaigns during that service.  In addition, he requested award of the Iraq Campaign Medal with 2 bronze service stars in lieu of the Global War on Terrorism Expeditionary Medal.  Therefore, it would be appropriate to correct his DD Form 214 accordingly.

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 amending his DD Form 214 by:

* deleting the Global War on Terrorism Expeditionary Medal
* adding the Iraq Campaign Medal with 2 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)                                         AR20150000506



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ABCMR Record of Proceedings (cont)                                         AR20150000506



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