IN THE CASE OF:	  

		BOARD DATE:	  12 February 2009

		DOCKET NUMBER:  AR20080016897 


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 Iraq Campaign Medal (ICM), Global War on Terrorism Service Medal (GWOTSM) and Global War on Terrorism Expeditionary Medal (GWOTEM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, that he is a veteran who fought in Iraq and would like to receive the recognition he deserves by having the awards in question added to his DD Form 214.

3.  The applicant provides his DD Form 214, deployment orders and accompanying documents, and travel vouchers in support of his application.

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 record shows he enlisted in the Regular Army and entered active duty on 18 August 1994, and that he was trained in and awarded military occupational specialty 11B (Infantryman).  It further shows he was promoted to the rank of sergeant on 1 October 2000 and that this is the highest rank he held while serving on active duty.

3.  On 30 November 2003, the applicant was honorably discharged under the provisions of chapter 4, Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), by reason of completion of required active service.  The DD Form 214 he was issued at the time shows he completed a total of 9 years, 3 months, and 13 days of active military service.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the following awards during his active duty tenure:  Army Commendation Medal (4th Award), Army Achievement Medal (9th Award), Army Good Conduct Medal (3rd Award), National Defense Service Medal (2nd Award), Kosovo Campaign Medal, Armed Forces Service Medal, Humanitarian Service Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, United Nations Medal, North Atlantic Treaty Organization Medal, Marksman Marksmanship Qualification Badge with Rifle Bar, Marksman Marksmanship Qualification Badge with Grenade Bar, Combat Infantryman Badge, Expert Infantryman Badge, Driver and Mechanic Badge with Driver-T Bar, and Driver and Mechanic Badge with Driver-W Bar.  Item 18 (Remarks) of his DD Form 214 contains the entry "SERVICE IN IRAQ 20030302-20030815."

4.  The applicant provides Headquarters, 24th Infantry Division and Fort Riley, Fort Riley, Kansas, Permanent Orders Number 051-204, dated 20 February 2003, which directed his unit's reassignment/deployment to Iraq in support of Operation Enduring Freedom.  A personnel roster of unit members who moved on this deployment, which included the applicant, was attached to these orders.  He also provides a Headquarters, 2nd Battalion, 70th Armor, memorandum for record, dated 3 August 2003, which confirms he was deployed to Iraq in March 2003.

5.  On 30 January 2009, a member of the Board staff contacted the applicant to inform him that by regulation, both the ICM and GWOTEM could not be awarded for the same period of service in Iraq and that he would have to elect to request only one of these awards for his Iraq service.  In an electronic mail message, dated 30 January 2009, the applicant elected to request the ICM for this period of Iraq service.

6.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-17, contains guidance on the ICM.  It states in pertinent part, that the ICM is authorized to members who 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.  It further stipulates that service members who 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.  One bronze service star shall be worn on the suspension and campaign ribbon of the ICM for 1 or more days of participation in each designated campaign phase.  Approved designated ICM campaign phases and inclusive periods are:  Liberation of Iraq from 19 March 2003 through 1 May 2003, Transition of Iraq from 2 May 2003 through 28 June 2004, Iraqi Governance from 29 June 2004 through 15 December 2005, and National Resolution from 16 December 2005 to a date to be determined.

7.  Paragraph 2-19 of the awards regulation contains guidance on award of the GWOTSM.  It states in pertinent part that the GWOSM is authorized for award to members of the Armed Forces of the United States who have participated in the 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 applicant's contention of entitlement to award of the GWOTSM and ICM was carefully considered and found to have merit.  The evidence of record confirms the applicant served on active duty outside of a designated AOE for 30 consecutive days after 11 September 2001.  It also confirms he served in Iraq, an authorized AOE, in support of OIF from 2 March 2003 through 15 August 2003.  Therefore, he is entitled to the GWOTSM and ICM with two bronze service stars and these awards should be added to his record and separation document at this time.

2.  The applicant's contention that he should be awarded the GWOTEM was also carefully considered.  However, by regulation, no service member shall be authorized both the ICM and GWOTEM for the same act, achievement, or period of service.  The evidence of record confirms the applicant completed only one period of service in Iraq and that he elected to request the ICM for this period of service.  Therefore, the applicant is not eligible to receive the GWOTEM for this same period of deployed service and it would not be appropriate to grant this portion of the requested relief.

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 amending his 30 November 2003 DD Form 214 by adding the Global War Terrorism Service Medal and Iraq Campaign Medal with two bronze service stars to the list of awards contained in item 13 and by providing him a correction to his separation document that includes 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 the Global War on Terrorism Expeditionary Medal.



      _________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)                                         AR20080016897



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ABCMR Record of Proceedings (cont)                                         AR20080016897



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