IN THE CASE OF:
BOARD DATE: 15 OCTOBER 2008
DOCKET NUMBER: AR20080011618
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 award of the Iraq Campaign Medal (ICM) and the Global War on Terrorism Expeditionary Medal (GWOTEM).
2. The applicant states, in effect, that he served in Iraq for 6 months and he is entitled to these awards.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant served in the Regular Army from 29 October 1997 through
20 December 2003. His DD Form 214 shows that he served in Kuwait/Iraq from 10 March 21 September 2003.
3. The applicant's DD Form 214 does not show award of either the ICM or GWOTEM.
4. Army Regulation 600-8-22 (Military Awards) states that individuals authorized the ICM 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 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.
5. 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. No service member will be entitled to both medals for the same act, achievement or period of service.
6. A directive issued by the Department of Defense on 16 April 2008 designated four phases of Operation Iraqi Freedom as qualifying for a campaign star. The applicant's records show that he participated in the Liberation of Iraq from
19 March 1 May 2003 and in the Transition of Iraq from 2 May 2003 to 28 June 2004 campaigns during his tour of duty in Iraq. This same regulation states that a bronze service star will be awarded for wear on the ICM for participation in each campaign.
7. Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant's performance of service in Iraq qualifies him for award of the ICM. Regulatory guidance allows the applicant to select the ICM in lieu of the GWOTEM as the representative medal of his service in Iraq. Therefore, he is entitled to award of the ICM and to have his record corrected to show this award.
2. The applicant's record also shows he participated in 2 campaigns while serving in Iraq and is, therefore, authorized award of 2 bronze service stars to be affixed to the ICM.
3. The applicant completed a qualifying period of service for award of the GWOTSM. Therefore, he is entitled to have his records corrected to show this award.
4. Regulatory guidance prohibits award of both the ICM and GWOTEM for the same act, achievement or period of service. Therefore, the applicant is not entitled to the GWOTEM.
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 awarding the applicant the ICM with 2 bronze service stars and the GWOTSM and correcting his record to show these awards.
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 awarding the GWOTEM.
_______ _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) AR20080011618
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