IN THE CASE OF:	

		BOARD DATE:	        7 May 2009

		DOCKET NUMBER:  AR20090000218 


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 that the Iraq Campaign Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 November 2004.

2.  The applicant referenced Presidential Executive Order 13363 which states, in part, "Those authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom on or about March 19, 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 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."

3.  The applicant provides a memorandum dated 15 September 2004 and a copy of U.S. Department of Defense (DoD), Office of the Assistant Secretary of Defense (Public Affairs), News Release Number 337-05 dated 7 April 2005, regarding Executive Order 13363.  

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.  After having prior service in the Army National Guard, the applicant enlisted in the Regular Army on 2 January 2002.  At the completion of the required training, he was awarded military occupational specialty 92A (automated logistical specialist).  His highest grade held was sergeant, E-5.

3.  The applicant served in Iraq/Kuwait from 1 February 2004 to 27 May 2004.

4.  The applicant was discharged from active duty on 26 November 2004 under the provisions of Army Regulation 635-40, paragraph 4-24b(3) by reason of physical disability with severance pay.  He had completed 2 years, 10 months, and 25 days of active military service during this period.  

5.  The applicant's DD Form 214 for the period ending 26 November 2004 shows, in part, that he was awarded the Global War on Terrorism Expeditionary Medal (GWOTEM) and the Global War on Terrorism Service Medal (GWOTSM) for his service in Iraq/Kuwait.

6.  The applicant provided a copy a DoD News Release which announced criteria for the Afghanistan and Iraq campaign medals based on Executive Order 13363.  This document stated, in part, that "Upon application, any such service member may be awarded the Afghanistan or Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member shall be entitled to all three medals for the same act, achievement or period of service."

7.  Army Regulation 600-8-22 states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom.  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 Operation Iraqi Freedom.  Service members qualified for the GWOTEM by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal 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.  A bronze service star is authorized for the Liberation of Iraq (19 March 2003 to 1 May 2003); the Transition of Iraq (2 May 2003 to 28 June 2004); the Iraqi Governance (29 June 2004 to 15 December 2005); and the National Resolution (16 December 2005 to a date to be determined).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 for the period ending 26 November 2004 currently reflects award of the GWOTEM and the GWOTSM.

2.  The applicant served a period of qualifying service in Iraq/Kuwait for award of the Iraq Campaign Medal with one bronze service star.  However, the Military Awards regulation directs that 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.  

3.  Since the applicant has requested award of the Iraq Campaign Medal in lieu of the GWOTEM, his DD Form 214 for the period ending 26 November 2004 should be amended by deleting his award of the GWOTEM and by adding award of the Iraq Campaign Medal with one bronze service star.  

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 entry "GLOBAL WAR ON TERRORISM EXPEDITIONARY MEDAL" from his DD Form 214 for the period ending 26 November 2004; and



	b.  adding the entry "IRAQ CAMPAIGN MEDAL WITH ONE BRONZE SERVICE STAR" to his DD Form 214 for the period ending 26 November 2004.




      _______ _   _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)                                         AR20090000218





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ABCMR Record of Proceedings (cont)                                         AR20090000218



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