IN THE CASE OF:	  

	BOARD DATE:	  08 May 2008

	DOCKET NUMBER:  AR20070017332 


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, in effect, that the Global War on Terrorism Expeditionary Medal (GWOTEM) shown on his DD Form 214 (Certificate of Release of Discharge from Active Duty) that was issued at the time of his release from active duty (REFRAD), and which will simply be referred to as his DD Form 214 throughout the remainder of these proceedings, be converted to the Iraq Campaign Medal (ICM) and that his service in Iraq be noted on his DD Form 214. 
 
2.  The applicant states that he served in Iraq from 19 March to 20 June 2003. 

3.  The applicant provides a copy of his DD Form 214 and DD Form 215, a Certificate of Achievement showing service in Iraq and Kuwait from 19 March to 20 June 2003 and an excerpt from the Army Awards.Com website regarding the award of the ICM.

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 13 July 2000 for a period of 3 years and training as a Patriot Missile Crewman.  He completed his training and was assigned to Fort Bliss, Texas.   

3.  The applicant's DD Form 214 and DD Form 215 essentially shows that he was awarded the GWOTEM for his service in Kuwait from 27 December 2002 through 1 June 2003.  However, the applicant has essentially requested that his award of the GWOTEM be converted to the ICM and that his service in Iraq from 19 March 2003 to 20 June 2003 be annotated on his DD Form 214.

4.  There are no documents in the applicant’s records, other than his DD Form 215 which indicate the entire period the applicant was deployed to Kuwait.  There is no specific period cited in his records that indicates specific service in Iraq.

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that individuals authorized the ICM must have served in direct support of Operation IRAQI FREEDOM.  The area of eligibility encompasses all land area of the country of Iraq, and 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 Operation IRAQI FREEDOM.  Service members qualified for the GWOTEM by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized, will remain qualified for that medal. Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for
30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:  (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, while participating in an operation or on official duties; (2) is wounded or injured and requires medical evacuation from the area of eligibility, or (3) while participating 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.  Under no condition will a Soldier receive both the ICM and the GWOTEM for the same action, time period or service. 
  


DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Iraq for more than 30 consecutive days during a qualifying period of service for award of the ICM, and is therefore eligible to apply to have his GWOTEM converted to the ICM.  

2.  As the applicant has requested award of the ICM, it effectively constitutes a request for the ICM in lieu of his already awarded GWOTEM.  Therefore, he is entitled to award of the ICM, and also correction of his military records to show the award of the ICM and the removal of the GWOTEM.  If the applicant wishes at a later to be awarded the GWOTEM in lieu of the ICM he is now being awarded, he may reapply to the Board and request that this be accomplished.  However, under no condition will the applicant be allowed to receive both the ICM and the GWOTEM for his service in Kuwait and Iraq from December 2002 through June 2003.

3.  However, the applicant has failed to show through the evidence submitted with his application and the evidence of record the specific period he served in Iraq.  Therefore, in the absence of evidence to show a specific period of service in Iraq, his service in Kuwait will serve to document his deployed time because the certificate he provides has an end date that does not coincide with the end date on his DD Form 215.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  __XXX__  __XXX__   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 corrected by:

	a.  deleting the Global War on Terrorism Expeditionary Medal; and

	b.  adding the Iraq Campaign Medal and providing the individual the appropriate document to show this correction.

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 annotating a specific period of service in Iraq.  

3.  The Board wants to thank the applicant for the sacrifices he made in service to the United States during Operation Iraqi Freedom.  The applicant and all Americans should be justifiably proud of his honorable 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)                                         AR20070017332



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ABCMR Record of Proceedings (cont)                                         AR20070017332



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