IN THE CASE OF:	  

		BOARD DATE:	       25 November 2008

		DOCKET NUMBER:  AR20080013302 


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 military records to show that he was awarded the Iraq Campaign Medal vice the Global War on Terrorism Expeditionary Medal (GWOTEM).

2.  The applicant states that he served in Iraq and was awarded the GWOTEM prior to the authorization for award of the Iraq Campaign Medal.

3.  The applicant provides copies of his certificate of retirement and his Certificate of Release or Discharge from Active Duty (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.  On 7 December 2003, the applicant, a staff sergeant, pay grade E-6, United States Army Reserve, was ordered to active duty in support of Operation Iraqi Freedom.

3.  The applicant served in the Iraqi Theater of Operations from 19 February 2004 to 22 February 2005.

4.  On 28 March 2005, the applicant was released from active duty and transferred to his Reserve unit.  He had completed 1 year, 3months, and 
22 days of creditable active duty during this period of service.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 list his awards as the National Defense Service Medal (two awards), Army Commendation Medal (two awards), Army Achievement Medal (four awards), Army Reserve Components Achievement Medal (three awards), Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, Armed Forces Reserve Medal with "M" Device (two awards), Armed Forces Reserve Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, [Mechanic and] Driver Badge with Driver-W Bar, and the Army Lapel Button.  It does not show award of the Iraq Campaign Medal.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Iraq Campaign Medal.  Award of the Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation.  The area of eligibility encompasses all land area of the country of Iraq and the contiguous sea area out to 12 nautical miles and the air space above these areas.  To qualify for award of this campaign medal, service members must have been assigned or attached to or mobilized with units operating in these areas of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:  a) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; b) be medically evacuated from the area of eligibility for wounds or injuries resulting from participation in an operation or official duties; or c)  participates 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].  




7.   The Department of Defense issued a directive designating the following four qualifying phases of Operation Iraqi Freedom: Liberation of Iraq from 19 March 2003 to 1 May 2003; Transition of Iraq from 2 May 2003 to 28 June 2004; Iraqi Governance from 29 June 2004 to 15 December 2005; and National Resolution from 16 December 2005 to a date to be determined.  A bronze service star, affixed to the Iraq Campaign Medal, denotes each qualifying phase.

8.  Only one award of the Iraq Campaign Medal may be authorized for any individual.  Service stars are not prescribed for wear with this medal; however, the Iraq Campaign Medal may be awarded with the bronze arrowhead device to eligible Soldiers.  Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal (GWOTEM) is no longer authorized to be awarded for service in Iraq; however, service members who qualified for the GWOTEM 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 GWOTEM.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for such service; however, no service member shall be entitled to award of the Iraq Campaign Medal and the GWOTEM for the same act, achievement or period of service.  

DISCUSSION AND CONCLUSIONS:

1.  The available evidence clearly shows that the applicant served a qualifying tour of duty in Iraq for award of the Iraq Campaign Medal.  Furthermore, he served during two qualifying phases of Operation Iraqi Freedom.  Therefore, he is authorized two bronze service stars to be worn on the Iraq Campaign Medal.

2.  The applicant was awarded the Global War on Terrorism Expeditionary Medal for his service in Iraq. 

3.  Provisions of the governing regulation permit a service member to request award of the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.

4.  In view of the above, the applicant's request should be granted.








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:

	a.  deleting from Item 13 of his DD Form 214: Global War on Terrorism Expeditionary Medal; and

	b.  adding to Item 13 of his DD Form 214: Iraq Campaign Medal with two bronze service stars.





      _______ _   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)                                         AR20080013302





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ABCMR Record of Proceedings (cont)                                         AR20080013302



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