IN THE CASE OF: BOARD DATE: 30 June 2016 DOCKET NUMBER: AR20150010779 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ____x____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 30 June 2016 DOCKET NUMBER: AR20150010779 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 adding the Iraq Campaign Medal with two bronze service stars to his DD Form 214, effective 29 April 2009. 2. The Board further determined 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 award of the Global War on Terrorism Expeditionary Medal or the Joint Service Achievement Medal. ____________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. IN THE CASE OF: BOARD DATE: 30 June 2016 DOCKET NUMBER: AR20150010779 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 award of the: * Iraq Campaign Medal (ICM) with two bronze service stars * Joint Service Achievement Medal (JSAM) * Global War of Terrorism Expeditionary Medal (GWOTEM) 2. The applicant states these awards are missing from his DD Form 214. 3. The applicant provides his DD Form 214, effective 29 April 2009, and his DD Form 215 (Correction to DD Form 214), issued on 11 October 2011. 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. He served in the Regular Army from 25 August 2004 until 29 April 2009. His DD Form 214 shows he was authorized or awarded: * Joint Service Commendation Medal * Army Commendation Medal (2nd Award) * Army Achievement Medal * Army Good Conduct Medal * National Defense Service Medal * Afghanistan Campaign Medal with Arrowhead * Global War On Terrorism Service Medal * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Combat Infantryman Badge * Expert Infantryman Badge * Ranger Tab * Parachutist Badge 3. His DD Form 214 further shows he was deployed during the following periods: * Afghanistan – 4 October to 16 December 2005 * Iraq – 3 April to 10 July 2007 * Iraq – 7 January to 12 April 2008 * Iraq – 14 October 2008 to 29 January 2009 4. He was issued a DD Form 215 on 11 October 2011. This document deleted the Joint Service Commendation Medal and added the Joint Service Commendation Medal (2nd Award) with "V" Device. 5. There were no orders awarding him the JSAM found in his official military personnel file. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states: a. The JSAM is awarded to members of the Armed Forces of the United States below the grade of O-6 who, after 3 August 1983, distinguished themselves by meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b.. The ICM is awarded to members who have served in direct support of OIF. 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. His service in Iraq coincides with the following approved campaigns: * Iraqi Surge (10 January 2007-31 December 2008) * Iraqi Sovereignty (1 January 2009-31 August 2010) c. Service members will remain qualified for the GWOTEM for service completed in: * Afghanistan between 11 September 2001 and 28 February 2005, in an area for which the Afghanistan Campaign Medal was subsequently authorized * Iraq between 19 March 2003 and February 2005, in an area for which the ICM was subsequently authorized DISCUSSION: 1. The applicant served three tours in Iraq between 3 April 2007 and 29 January 2009 during two campaigns. As a result, he meets the criteria for award of the ICM with two bronze service stars. 2. He did not serve during a qualifying period of service in Iraq or Afghanistan for award of the GWOTEM. 3. His record if void of orders awarding him the JSAM. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010779 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010779 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2