IN THE CASE OF:	  

		BOARD DATE:	  5 August 2008

		DOCKET NUMBER:  AR20080007566 


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 that his records be corrected to show the award of the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal based on his qualifying service in Iraq.

2.  The applicant states that the Iraq Campaign Medal was established after he was discharged from active duty on 25 May 2004.  His service in Iraq is shown in Item 18 (Remarks) of his separation document (DD Form 214).

3.  The applicant provides a copy of his 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's military personnel record shows he enlisted in the U.S. Army Reserve on 22 February 1992 and entered active duty for training on 14 October 1992.  He completed the necessary training and was awarded the military occupational specialty (MOS) 95B (Military Police).  He was honorably released from active duty for training and transferred to his unit on 26 February 1993.

3.  He served continuously as a reserve Soldier until he was ordered to active duty on 24 January 2003 in support of Operation Enduring Freedom.  He was honorably released from active duty and transferred to the 79th Military Police Company, South Rochester, Minnesota on 25 May 2004.  He completed 1 year, 4 months, and 2 days of Net Active Service This Period.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows all the awards the applicant was authorized to include the Global War on Terrorism Expeditionary Medal.

5.  Item 18 of his DD Form 214 shows the entry "SERVED IN IRAQ  
20030415 – 20040407."

6.  Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation IRAQI FREEDOM (OIF).  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 Iraq Campaign Medal 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.  Only one award of the Iraq Campaign Medal may be authorized for any individual.  Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal is no longer authorized to be awarded for service in Iraq; however, service members who qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 30 April 2005 in an area for which the Iraq Campaign Medal was subsequently authorized shall remain qualified for the Global War on Terrorism Expeditionary Medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service; however, no service member shall be entitled to award of the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal for the same act, achievement or period of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his records be corrected to show the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal based on his qualifying service in Iraq.

2.  Item 13 of the applicant's DD Form 214 shows he was awarded the Global War on Terrorism Expeditionary Medal.  However, the applicant has requested the award of the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.

3.  Army Regulation states, in pertinent part, that service members who qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 30 April 2005 in an area for which the Iraq Campaign Medal was subsequently authorized shall remain qualified for the Global War on Terrorism Expeditionary Medal.  However, upon request a service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal, but no service member shall be entitled to award of the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal for the same act, achievement or period of service.

4.  As such, the applicant is entitled to correction of his records to show the Iraq Campaign Medal in Lieu of the Global War on Terrorism Expeditionary Medal and delete the Global War on Terrorism Expeditionary Medal from Item 13 of his DD Form 214.

BOARD VOTE:

___X____  ___X____  ___X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 showing the award of the Iraq Campaign Medal and deleting the Global War on Terrorism Expeditionary Medal in Item 13 of 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)                                         AR20080007566



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ABCMR Record of Proceedings (cont)                                         AR20080007566



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