IN THE CASE OF:	  

		BOARD DATE:	  17 February 2010

		DOCKET NUMBER:  AR20090012147 


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 he be awarded the Iraq Campaign Medal (ICM) and the Global War on Terrorism Expeditionary Medal (GWOTEM).

2.  The applicant states he deployed to Iraq for over the minimum time requirement for award of the ICM.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) 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 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 requested award of the ICM and the GWOTEM for his service in Iraq.  In a telephone conversation on 1 December 2009 between a staff of the Board and the applicant, he was informed that he could not receive both the ICM and the GWOTEM for the same period of service.  The applicant requested that he be awarded the ICM for his service in Iraq.  Therefore, award of the GWOTEM will not be discussed further in these Proceedings.

3.  The applicant's military records, although somewhat incomplete, show that he enlisted in the Regular Army (RA) on 24 June 2004 for a period of 6 years.  He completed initial entry training and he was awarded military occupational specialty (MOS) 63B (Wheeled Vehicle Mechanic).  He deployed to Iraq from    13 August 2005 to 18 December 2005.  On 10 March 2006, he was honorably discharged from the U.S. Army by reason of a condition other than a disability.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Army Service Ribbon, and the Combat Action Badge.

4.  The applicant's DD Form 214 does not show that he was awarded the ICM, but it does show he deployed to Iraq from 13 August 2005 to 18 December 2005.

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that individuals authorized the ICM 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 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 Operation Iraqi Freedom.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days.

6.  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 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)

7.  Army Regulation 600-8-22 also provides that the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside the designated areas of eligibility for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a future date to be determined. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Iraq from 13 August 2005 to 18 December 2005 which qualifies him for award of the ICM.  Based on his service in Iraq, he also participated in two campaign phases:  Iraq Governance (29 Jun 2004 - 15 Dec 2005) and the National Resolution (16 Dec 2005 - Date to be determined).  Therefore, he is entitled to correction of his DD Form 214 to show the award of the ICM with two bronze service stars.

2.  The applicant served on active duty during a qualifying period for award of the GWOTSM.  Therefore, he is entitled to correction of his DD Form 214 to show this service medal.

BOARD VOTE:

____x____  ____x____  ___x_____ GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 the ICM with two bronze service stars and the GWOTSM.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during Operation Iraqi Freedom are deeply 


appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      __________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)                                         AR20090006053



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ABCMR Record of Proceedings (cont)                                         AR20090012147



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