IN THE CASE OF:
BOARD DATE: 12 March 2009
DOCKET NUMBER: AR20080018802
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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show awards of the Iraq Campaign Medal (ICM) and the Global War on Terrorism Expeditionary Medal (GWOTEM).
2. The applicant states, in effect, he served in Iraq but the GWOTEM is not listed on his DD Form 214. He concludes that the Iraq Campaign Medal was created after his discharge.
3. The applicant provides a DD Form 214 in support of this 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 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 enlisted in the Regular Army on 1 July 1999. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 31F (MSE [Mobile Subscriber Equipment] Network Switching Systems Operator). He was honorably released from active duty on 30 November 2003 by reason of completion of required active service and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.
3. Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the Army Commendation Medal, Army Achievement Medal, National Defense Service Medal, Armed Forces Expeditionary Medal, Army Service Ribbon, and the Army Lapel Button. It does not show award of the GWOTEM or the ICM as an authorized award.
4. Block 18 (Remarks) of the applicant's DD Form 214 shows, among other entries, "SERVICE IN KUWAIT/IRAQ: 20030427 20030829."
5. On 26 February 2009, the applicant was notified by separate correspondence that he met the eligibility criterion for the GWOTEM and the ICM for qualifying service in Iraq; however, he could only receive one of these service medals in recognition for his service in Iraq. The applicant responded on 27 February 2009 and requested award of the ICM.
6. 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.
7. Army Human Resources Command Military Personnel (MILPER) Message Number 08-123 provides the guidance and criteria, applicability and standards on awarding and wear of service stars on the Iraq Campaign Medal (ICM). It states, in pertinent part, that one bronze service star will be worn on the ICM for one or more days of participation in each designated campaign phase. Approved designated ICM campaign phases and inclusive periods are listed below:
Liberation of Iraq/19 Mar 2003 - 1 May 2003
Transition of Iraq/2 May 2003 - 28 Jun 2004
Iraq Governance/29 Jun 2004 - 15 Dec 2005
National Resolution/16 Dec 2005 Date to be determined
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the ICM has been carefully reviewed.
2. The applicant served a period of qualifying service for award of the ICM. Based on his qualifying service, he participated in the Liberation of Iraq and the Transition of Iraq campaigns. Therefore, he is entitled to ICM with 2 bronze service stars and for this award to be added to 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 adding to block 13 of his DD Form 214 the Iraq Campaign Medal with 2 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) AR20080018802
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