IN THE CASE OF:
BOARD DATE: 8 January 2009
DOCKET NUMBER: AR20080016799
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) be removed from his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 25 March 2005 and that he instead be awarded of the Iraq Campaign Medal with two bronze service stars.
2. The applicant states that the Iraq Campaign Medal was issued after his service in Iraq.
3. The applicant provides a copy of his DD Form 214 for the period ending 25 March 2005; deployment orders; orders for three wartime patches and the Army Achievement Medal; and a Certificate of Achievement.
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 was ordered to active duty on 3 January 2004 in support of Operation Iraqi Freedom (OIF). He served in Iraq/Kuwait from 22 February 2004 to 22 February 2005. On 25 March 2005, he was released from active duty.
3. The applicants DD Form 214 for the period ending 25 March 2005 shows the Army Lapel Button, the Army Achievement Medal (3rd Award), the Army Reserve Components Achievement Medal (3rd Award), the National Defense Service Medal (2nd Award), the GWOTEM, the Global War on Terrorism Service Medal, the Armed Forces Reserve Medal with "M" Device, the Armed Forces Reserve Medal, and the Army Service Ribbon as authorized awards.
4. Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal must have served in direct support of 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. (The GWOTEM and the Iraq Campaign Medal may not be awarded for the same period of service.) A bronze service star is authorized for the following campaigns: 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; and National Resolution 16 December 2005 date to be determined.
DISCUSSION AND CONCLUSIONS:
Based on the applicant's service in support of OIF, he is entitled to award of the Iraq Campaign Medal with two bronze service stars. Based on his decision to be awarded the Iraq Campaign Medal in lieu of the GWOTEM, it would be appropriate to remove the GWOTEM from his DD Form 214 for the period ending 25 March 2005 and add the award of the Iraq Campaign Medal with two bronze service stars in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of this 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:
a. deleting the GWOTEM from item 13 of the applicants DD Form 214; and
b. adding the Iraq Campaign Medal with two bronze service stars to item 13 of this DD Form 214.
___________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.
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