IN THE CASE OF: BOARD DATE: 9 February 2016 DOCKET NUMBER: AR20150005028 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: * Iraq Campaign Medal (ICM) with two bronze service stars * Global War on Terrorism Service Medal (GWOTSM) * Army Commendation Medal (ARCOM) * Army Achievement Medal (AAM) (5th Award) * One Overseas Service Bar 2. He states these awards were not listed on his DD Form 214 when he was discharged from the Army in November 2003. 3. He provides: * DD Form 214 * Veteran Services letter, dated 19 March 2015 * Five AAM Certificates * Three DA Forms 638 (Recommendation for Award) * ARCOM Certificate 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 15 October 1996. He was honorably released from active duty on 30 November 2003 and credited with completing 7 years, 1 month, and 16 days of active duty service. 3. His DD Form 214 shows he was awarded or authorized the: * Army Good Conduct Medal * National Defense Service Medal * Army Service Ribbon * Overseas Service Ribbon 4. Item 18 (Remarks) of his DD Form 214 shows he served in Iraq from 12 February to 28 August 2003 (6 months and 17 days). 5. The applicant provided: a. A DA Form 638 with an AAM Certificate containing Permanent Orders Number 244-02, issued by Headquarters, 52nd Engineer Combat Battalion, dated 1 September 1998. This form and certificate show he was awarded the AAM for the period 7 July to 7 August 1998. This AAM Certificate is also contained in his official military personnel file (OMPF). b. A DA Form 638 with an AAM Certificate containing Permanent Orders Number 106-24, issued by Headquarters, 52nd Engineer Combat Battalion, dated 13 April 1999 and 17 April 1999, respectively. This form and certificate show he was awarded the AAM for the period 9 February to 10 April 1999. c. A DA Form 638 with an AAM Certificate containing Permanent Orders Number 094-01, issued by Headquarters, 52nd Engineer Combat Battalion, dated 10 April 2000 and 3 April 2000, respectively. This form and certificate show he was awarded the AAM for the period September 1997 to May 2000. d. An AAM Certificate containing Permanent Orders Number 349-11, issued by Headquarters, 94th Engineer Combat Battalion, dated 15 December 2000. This certificate shows he was awarded the AAM for the period 9 August to 15 December 2000. e. An AAM Certificate containing Permanent Orders Number 167-10, issued by Headquarters, 94th Engineer Combat Battalion, dated 16 June 2003. This certificate shows he was awarded the AAM for the period 4 January to 1 June 2003. This AAM Certificate is also contained in his OMPF. f. An ARCOM Certificate containing Permanent Orders Number 214-22, issued by Headquarters, 130th Engineer Brigade, dated 2 August 2003. This certificate shows he was awarded the ARCOM for the period 29 May 2000 to 1 August 2003. This ARCOM Certificate is also contained in his OMPF. 6. 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 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 to 31 December 2011. A bronze service star is authorized for wear with this medal for participation in each credited campaign. 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 have participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM. 7. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar. It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States. It further states, in pertinent part, that one overseas service bar is authorized for each 6-month period of active Federal service as a member of a U.S. Service participating in Operation Iraqi Freedom. DISCUSSION AND CONCLUSIONS: 1. Orders verify that the applicant was awarded five AAMs and an ARCOM. 2. Based on his service in Iraq, it appears he is eligible for award of the ICM with two bronze service stars. 3. He served 6 months and 17 days in Iraq from 12 February 2003 to 28 August 2003. He meets the criteria for one overseas service bar. However, the overseas service bar is not an award; it is an item of clothing and there is no provision to list items of clothing on the DD Form 214. 4. The evidence of record also shows he served during a qualifying period for which he would have been authorized the GWOTSM. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X___ ____X____ ___X___ 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 partial 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 to add the: * Iraq Campaign Medal with two bronze service stars * Global War on Terrorism Service Medal * Army Commendation Medal * Army Achievement Medal (5th Award) 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding one overseas service bar to his DD Form 214. _______ _ _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) AR20150005028 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005028 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1