BOARD DATE: 12 May 2016 DOCKET NUMBER: AR20150009966 BOARD VOTE: __x_______ _x______ __x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 12 May 2016 DOCKET NUMBER: AR20150009966 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 the following awards to his DD Form 214: * Army Commendation Medal * Iraq Campaign Medal with two bronze service stars * Global War on Terrorism Service Medal * Combat Infantryman Badge ____________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. BOARD DATE: 12 May 2016 DOCKET NUMBER: AR20150009966 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 award of the Combat Infantryman Badge (CIB), Army Commendation Medal (ARCOM), Iraq Campaign Medal (ICM) with two bronze service stars, Global War on Terrorism Service Medal (GWOTSM), and all other awards he may be entitled to receive. 2. The applicant states, in effect, he believes an administrative error occurred. 3. The applicant provides: * CIB orders * ARCOM Certificate * DA Form 2-1 (Personnel Qualification Record – Part II) * Enlisted Record Brief * 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 enlisted in the Regular Army on 8 March 2002 and trained as an infantryman. He served in Iraq from 18 March to 12 August 2003. 3. Headquarters, V Corps, Permanent Orders 129-892, dated 8 May 2003, awarded him the CIB. 4. Headquarters, V Corps, Permanent Order Number 167-002, dated 16 June 2003, awarded him the ARCOM for meritorious performance of duty during Operation Iraqi Freedom during the period 19 March to 1 May 2003. 5. On 28 November 2003, he was discharged by reason of misconduct. 6. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Army Service Ribbon REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The ICM is awarded to service 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 ICM 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. Relevant approved campaigns include: * Liberation of Iraq (19 March 2003-1 May 2003) * Transition of Iraq (2 May 2003-28 June 2004) b. The GWOTSM 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 area of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or ICM. All Soldiers serving on active duty on or after 11 September 2001 to a date to be determined, having served 30 consecutive or 60 nonconsecutive days, are authorized award of the GWOTSM. DISCUSSION: 1. Orders show the applicant was awarded the CIB and ARCOM. His DD Form 214 does not show these awards. 2. Based on his service in Iraq and participation in two campaigns, he is authorized award of the ICM with two bronze service stars. His DD Form 214 does not show this award. 3. He served a qualifying period for award of the GWOTSM. His DD Form 214 does not show this award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009966 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009966 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2