IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20160019079 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20160019079 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 Global War on Terrorism Service Medal and the Iraq Campaign Medal with two bronze service stars. _________________________ 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: 15 August 2018 DOCKET NUMBER: AR20160019079 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 Action Badge (CAB) and the Iraqi Campaign Medal (ICM) with bronze service star. 2. The applicant states he served in Iraq for the period 6 April to 9 September 2003. 3. The applicant provides: * DD Form 214 * Permanent Order Number 231-28 * Permanent Order Number 221-08 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. Paragraph 2-5 of Army Regulation 15-185 (ABCMR), the regulation under which this Board operates, states the Board will not consider any application if it determines an applicant has not exhausted all administrative remedies available. a. There is no evidence that the applicant submitted an application for award of the CAB to the U.S. Army Human Resources Command and was denied this award. The CAB may be requested by letter to the Commander, U.S. Army Human Resources Command, Attention: Veteran Services, 600 Spearhead Division Avenue, Fort Knox, KY 40121-5743, and must contain the following: * assignment, attachment, or operational control orders * Officer or Enlisted Record Brief * chain of command endorsement * one-page narrative description of the qualifying incident * certified copy of the DD Form 214 * any other supporting documentation b. Award of the CAB will not be discussed further in this Record of Proceedings. 3. The applicant enlisted in the Regular Army on 21 September 2000. 4. The applicant was honorably released from active duty on 20 December 2003. He completed 3 years and 3 months net active service during this period. The DD Form 214 he was issued shows he performed 5 months and 4 days foreign service. On 31 May 2004, the applicant retired honorably in the rank of chief warrant officer three. The DD Form 214 he received contains the following information: a. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) reflects the following awards: * Army Commendation Medal (2nd Award) * Army Achievement Award * Army Good Conduct Medal * National Defense Service Medal * Army Service Ribbon * Expert Marksmanship Qualification Badge with Rifle and Pistol Bars * Driver and Mechanic Badge with Driver-T Bar b. Item 18 (Remarks) shows he served in Iraq from 6 April through 9 September 2003. REFERENCES: Army Regulation 600-8-22 (Military Awards) states: a. The Global War on Terrorism Service Medal (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 areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or ICM. All Soldiers 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 the GWOTSM. b. The ICM is awarded to members who have 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 a future date to be determined by the Secretary of Defense or the cessation of OIF. 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: 1. The applicant served a qualifying period of service to be eligible for the GWOTSM, which is not shown on his DD Form 214. 2. The evidence shows he completed a qualifying period of service for entitlement to the ICM with two bronze service stars, which is not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160019079 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160019079 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2