IN THE CASE OF: BOARD DATE: 1 JULY 2009 DOCKET NUMBER: AR20090005574 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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect any ribbons or unit citations that he would have received for his service in Iraq from March to October 2003 in support of Operation Iraqi Freedom, which may include either the Iraq Campaign Medal or the Global War on Terrorism Expeditionary Medal (GWOTEM). 2. The applicant states that when he was discharged from active duty he was deployed to Iraq with Headquarters and Headquarters Company (HHC), 164th Corps Support Group (CSG) and he was released from his deployment in October 2003, while the rest of his unit remained in Iraq until approximately April 2004. He goes on to state that he began his terminal leave due to the fulfillment of his enlistment contract on approximately 19 February 2004 and his expiration of term of service (ETS) date was 2 May 2004. He also states that when he received his DD Form 214 in February, his unit was still deployed and therefore, he did not receive any ribbons or unit citations that the unit may have received or been qualified for. He further states that he enlisted in the Air National Guard in August 2008 and would like to have his records updated. 3. The applicant provides a copy of his DD Form 214, a copy of his unit deployment orders and a copy of his Service Member Deployment History Out-processing Verification. 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 North Dakota Army National Guard (NDARNG) on 15 October 1998 for a period of 8 years. He completed his one station unit training (OSUT) as a combat engineer at Fort Leonard Wood, Missouri and was returned to his NDARNG unit where he served until he was honorably discharged on 2 May 2000 for the purpose of enlisting in the Regular Army. 3. On 3 May 2000, he enlisted in the Regular Army for a period of 4 years, training as an intelligence analyst and a cash enlistment bonus. He successfully completed his training at Fort Huachuca, Arizona and was subsequently assigned to HHC, 64th CSG, 13th Corps Support Command (COSCOM) at Fort Hood, Texas. He was promoted to the pay grade of E-5 on 1 October 2002. 4. The applicant deployed with his unit to Iraq on 15 March 2003 in support of Operation Enduring Freedom and served as the S2 Noncommissioned Officer (NCO) in charge (NCOIC) for the 64th CSG. The applicant participated in two campaigns while serving in Iraq. He departed from Iraq on 21 October 2003 and returned to Fort Hood, where he remained until he was honorably released from active duty (REFRAD) on 2 May 2004, due to completion of required service. His DD Form 214 issued at the time of his REFRAD reflects that he was awarded the Army Commendation Medal (3rd award), the Army Achievement Medal, the Good Conduct Medal, the National Defense Service Medal, the NCO Professional Development Ribbon, the Army Service Ribbon, and the Overseas Service Ribbon. 5. A review of the available records fails to show the applicant's unit was awarded any unit awards or citations during the period he served with the unit. 6. Military Awards Branch Message [dated 8 April 2005] provided the following implementing instructions for award of the Iraq Campaign Medal. Award of the Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation. The area of eligibility encompasses all land area of the country of Iraq and the contiguous sea area out to 12 nautical miles and the air space above these areas. To qualify for award of this campaign medal, service members must have been assigned or attached to or mobilized with units operating in these areas of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria: a) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; b) be medically evacuated from the area of eligibility for wounds or injuries resulting from participation in an operation or official duties; or c) participates as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations [each day of operations counts as one day of eligibility]. This campaign medal may be awarded posthumously. 7. Only one award of the Iraq Campaign Medal may be authorized for any individual. Service stars are not prescribed for wear with this medal; however, the Iraq Campaign Medal may be awarded with the bronze arrowhead device to eligible Soldiers. Effective 30 April 2005, the GWOTEM is no longer authorized to be awarded for service in Iraq; however, service members who qualified for the GWOTEM by reason of service between 19 March 2003 and 30 April 2005 in an area for which the Iraq Campaign Medal was subsequently authorized shall remain qualified for the GWOTEM. Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for such service; however, no service member shall be entitled to award of the Iraq Campaign Medal and the GWOTEM for the same act, achievement or period of service. DISCUSSION AND CONCLUSIONS: 1. The applicant served in Iraq from 15 March to 21 October 2003. Accordingly, he is entitled to be awarded the Iraq Campaign Medal with two bronze service stars to denote his campaign participation. 2. The applicant has provided no evidence to show that his unit was awarded any unit awards during the period he served with the unit and the available records contain no evidence to show that such was the case. 3. Therefore, in the absence of evidence to show that his unit was awarded a unit award or citation, there appears to be no basis for any further changes. BOARD VOTE: ____X____ ___X_____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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 awarding him the Iraq Campaign Medal with two bronze service stars and correcting his DD Form 214 for the period ending 2 May 2004 accordingly. 2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms. _______ _ XXX_______ ___ 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) AR20090005574 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090005574 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1