IN THE CASE OF:
BOARD DATE: 29 September 2015
DOCKET NUMBER: AR20150003131
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 his DD Form 214 be updated to show award of the Iraq Campaign Medal and a second Army Commendation Medal.
2. The applicant states he was awarded the second Army Commendation Medal after he had been released from active duty. He served in Iraq from 7 September 2003 through 24 September 2004.
3. The applicant provides copies of a DA Form 638 (Recommendation for Award), an Army Commendation Medal Certificate, and his 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 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 on active duty in the Regular Army from 12 July 2000 through 22 December 2004.
3. His available record contains orders for
* an Army Achievement Medal
* an Army Commendation Medal for the period 4 September 2003 to 31 August 2004
* an Army Commendation Medal for meritorious service for the period 1 December 2000 to 31 January 2005
* Driver and Mechanic Badge with Driver "T" Bar
4. His DD Form 214 shows
* 1 year, 4 months, and 22 days of foreign service
* service in Kuwait/Operation Desert Spring "20010813 - 20011217"
* service in Operation Iraqi Freedom "20030908-20040924"
* award of Army Lapel Button, Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Armed Forces Expeditionary Medal, Global War On Terrorism Service Medal, Global War On Terrorism Expeditionary Medal, Noncommissioned Officer's Professional Development Ribbon, Army Service Ribbon, Driver And Mechanic Badge with Driver "T" Bar
5. The recommendation for the applicant's 2005 Army Commendation Medal shows it as with an Oak Leaf Cluster; the award certificate does not include this denotation.
6. Army Regulation 600-8-22 (Military Awards) provides that
a. The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. For each subsequent award an Oak Leaf Cluster will be awarded to be worn on the medal or ribbon.
b. 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 are
* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010)
* New Dawn (1 September 2010-31 December 2011)
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded two Army Commendation Medals. Only the first award is included on the DD Form 214. The entry should read Army Commendation Medal (2nd Award).
2. The applicant is authorized award of the Iraq Campaign Medal with two bronze service stars for his period of service in Iraq from 8 September 2003 through 24 September 2004.
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:
a. deleting from his DD Form 214 the Army Commendation Medal; and
b. adding to his DD Form 214 the Army Commendation Medal (2nd Award) and Iraq Campaign Medal with two 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) AR20150003131
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20150003131
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130010722
Application for correction of military records (with supporting documents provided, if any). He further stated that in accordance with Army Regulation 600-8-22 (Military Awards), section 2-17, "Service members qualified for the Global War on Terrorism Expeditionary Medal by reason 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." As a result, the Board recommends that all...
ARMY | BCMR | CY2013 | 20130000829
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Overseas Service Ribbon (OSR) and Iraq Campaign Medal (ICM) with two bronze service stars in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM). Army Regulation 600-8-22 states service members who qualified for award of the GWOTEM by reason of service between 19 March 2003 and 28 February 2005 in an area for which the ICM was subsequently authorized...
ARMY | BCMR | CY2013 | 20130009179
The applicant requests award of the Iraq Campaign Medal and its addition to his DD Form 214 (Certificate of Release or Discharge from Active Duty). The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the 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. ____________X_____________ CHAIRPERSON I certify...
ARMY | BCMR | CY2011 | 20110006014
The applicant requests amendment of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Iraq Campaign Medal (ICM) in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM). Army Regulation 600-8-22 (Military Awards) states service members qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized, will remain qualified for that medal. Army Regulation...
ARMY | BCMR | CY2010 | 20100012646
Headquarters, 160th SOAR, Permanent Order Number 221-6, dated 8 August 2008, shows the applicant was awarded the Army Commendation Medal (First Oak Leaf Cluster) for meritorious service during the period 25 February 2005 to 18 July 2008. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF). Evidence of record shows the applicant was awarded the Army Commendation Medal (First Oak...
ARMY | BCMR | CY2012 | 20120019963
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployment to Iraq. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal (ICM) is awarded to members who served in direct support of Operation Iraqi Freedom. Therefore, item 18 of his DD Form 214 should be corrected to show he served in Kuwait/Iraq from 5 January 2004 to 14 December 2004.
ARMY | BCMR | CY2014 | 20140005483
The applicant requests to have the Navy Unit Commendation added to her DD Form 214 (Certificate of Release or Discharge from Active Duty). Evidence shows the applicant served with the 16th Engineer Battalion during a period when the unit was awarded the Navy Unit Commendation. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the ICM from her DD Form 214 and b. adding to her DD Form 214 the: * Navy Unit...
ARMY | BCMR | CY2009 | 20090020993
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add his service in Iraq and awards of the Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, Driver Badge (Wheel Vehicle), and Mechanic Badge (Track Vehicle). A copy of a certificate, dated 1 May 2003, awarding him the Army Commendation Medal for meritorious service in Iraq...
ARMY | BCMR | CY2013 | 20130009764
The applicant requests all awards and decorations he may be entitled to receive for his service during Operation Iraqi Freedom (OIF) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 January 2004. The applicant states: * he wants his combat tour shown on his DD Form 214 * the awards were authorized after his retirement date, but he earned them during active service 3. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2011 | 20110012855
His record shows he was awarded 2 awards of the Army Commendation Medal: * Permanent Orders Number 358-130, 1st Brigade, 1st Cavalry Division, dated 23 December 2004, awarded him the Army Commendation Medal for meritorious service during the period 15 March 2004 through 15 March 2005 * Permanent Orders Number 099-002, 1st Brigade, 1st Cavalry Division, dated 9 April 2008, awarded him the Army Commendation Medal for meritorious service during the period 23 December 2003 through 19 December...