IN THE CASE OF:	

		BOARD DATE:	  28 January 2010

		DOCKET NUMBER:  AR20090013525 


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 correction of his discharge document to show award of the Iraq Campaign Medal (ICM) and the Joint Meritorious Unit Award (JMUA).

2.  The applicant states, in effect, the ICM was authorized for service in Iraq subsequent to 19 March 2003 and this service medal is shown on his DA Form 2-1 (Personnel Qualification Record).  He also states his unit was awarded the JMUA for service in Iraq.

3.  The applicant provides, in support of his application, copies of his discharge document, page 1 of his DD Form 2-1, and award documents.

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 DD Form 214 (Certificate of Release or Discharge from Active Duty), coupled with a DD Form 215 (Correction to DD Form 214), dated
15 September 2005, shows the applicant entered active duty on 18 August 2002 and he was honorably discharged on 17 August 2005 based on completion of required active service.  At the time he had completed 3 years of net active service this period; 1 year, 1 month, and 12 days of total prior active service; and 10 years, 4 months, and 8 days of total prior inactive service.  It also shows in:

   a.  item 8a (Last Duty Assignment and Major Command) he was assigned to Headquarters and Headquarters Detachment, Enemy Prisoner of War/ Counterintelligence, 400th Military Police  Battalion, U.S. Army Forces Command;

   b.  item 12f (Foreign Service) that he completed 11 months and 8 days of foreign service;

   c.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Army Achievement Medal, Army Good Conduct Medal, Army Reserve Components Achievement Medal, National Defense Service Medal (2nd Award), Armed Forces Reserve Medal (2nd Award) with "M" (Mobilization) Device, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, Army Reserve Components Overseas Training Ribbon (2nd Award), Global War of Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Expert Marksmanship Qualification Badge with Grenade Bar, Sharpshooter Marksmanship Qualification Badge with Pistol Bar, Marksman Marksmanship Qualification Badge with Rifle Bar, and the Driver and Mechanic Badge with Mechanic Bar; and in

   d.  item 18 (Remarks), in pertinent part, that he served in Iraq (a designated imminent danger pay area) from 23 April 2003 to 31 March 2004.

3.  A review of the applicant's military personnel records shows he may be authorized an additional award that is not shown on his DD Form 214.

4.  A DA Form 4980-14 (The Army Commendation Medal Certificate) awarded the applicant the Army Commendation Medal for meritorious service from
15 August 2002 to 30 May 2005 per Headquarters, 220th Military Police Brigade, Gaithersburg, MD, Permanent Order Number 195-01 [undated].

5.  In support of his application, the applicant provides copies of the following documents:

   a.  Page 1 of his DA Form 2-1.  Item 9 (Awards, Decorations and Campaigns), in pertinent part, shows the Global War on Terrorism Expeditionary Medal (GWOTEM) and the ICM.

	b.  An Executive Order issued by President George W. Bush, dated
29 November 2004, that established the Afghanistan and Iraq Campaign Medals and their relationship to other awards.  It shows, in pertinent part, that the ICM was established for service in Iraq on or after 19 March 2003; that a member previously awarded the GWOTEM for service in Iraq shall remain qualified for the GWOTEM; that a member may be awarded either the ICM or GWOTEM by reason of service in Iraq, but no member shall be entitled to award of more than one the medals for the same period of service; and that upon application, a member may be awarded the ICM in lieu of the GWOTEM [emphasis added].

   c.  Headquarters, 400th Military Police Battalion, Fort George G. Meade, MD, memorandum, subject:  Joint Meritorious Unit Award, dated 1 August 2005, that shows Headquarters and Headquarters Detachment, 400th Military Police Battalion, and the assigned Soldiers listed on the attached Annex A, directly participated in forward operations in support of Combined Joint Task Force-7, Baghdad, Iraq, from 15 June 2005 through 11 January 2005, and they qualified for and are authorized the JMUA as a permanent unit award.  Page 1 of Annex A shows the applicant's name, rank, and last four of his social security number.

6.  During the processing of this case, a staff member of the Board contacted the applicant to advise him that his application for the ICM would result in deletion of the GWOTEM from his records.  He was advised, in effect, to either elect to receive the ICM in lieu of the GWOTEM or to retain the GWOTEM.  To date, a response has not been received from the applicant.

7.  Army Regulation 600-8-22 (Military Awards), provides policy, criteria, and administrative instructions concerning military awards and decorations.  This regulation also provides that:

	a.  the GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the 50 states of the United States and outside 200 nautical miles of the shores of the United States.  The Secretary of Defense, when recommended by the Chairman, Joint Chiefs of Staff, will designate the specific AOE per qualifying operation.  Because counter-terrorism operations are global in nature, the AOE for an approved operation may be deemed to be 
non-contiguous.  The Combatant Commander has the authority to approve award of the medal for units and personnel deployed within his or her theater.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM. Service members must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the AOE;

	b.  individuals authorized the ICM must have served in direct support of Operation Iraqi Freedom (OIF).  The AOE encompasses all land area of the country of Iraq and 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.  This regulation further provides:

       (1)  that only one award of the ICM may be authorized for any individual.  No service member will be entitled to both the ICM and GWOTEM for the same act, achievement, or period of service.  Upon application, such a service member may be authorized the ICM in lieu of the GWOTEM for such service; and

  	    (2)  lists the Iraq campaign phases, including the Liberation of Iraq (19 March to 1 May 2003), Transition of Iraq (2 May 2003 to 28 June 2004), Iraqi Governance (29 June 2004 to 15 December 2005), and the National Resolution (16 December 2005 to a date to be determined).  This regulation also provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in the regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the ICM.

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.

   a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, the source documents for entering information on the DD Form 214 will be the Enlisted/Officer Record Brief (ERB/ORB), separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File.

   b.  The instructions for item 13 state to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  
Each entry will be verified by the Soldier's records; do not use abbreviations.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the ICM and JMUA.

2.  Records confirm the applicant served in Iraq from 23 April 2003 to 31 March 2004.

3.  Records show the applicant qualified for award of the GWOTEM for his service in support of the Global War on Terrorism in the AOE (i.e., Iraq).  Records also show the applicant qualifies for award of the ICM in lieu of the GWOTEM.

   a.  The applicant requests award of the ICM.  A response was not received from the applicant to confirm he understood that award of the ICM would result in deletion of the GWOTEM from his records.  However, the evidence the applicant provided in support of his application clearly specified that no service member shall be entitled to award of more than one of the medals for the same period of service and, upon application, a member may be awarded the ICM in lieu of the GWOTEM.  Thus, it appears the applicant knowingly requests award of the ICM in lieu of the GWOTEM.  Therefore, his records should be corrected to show award of the ICM in lieu of the GWOTEM.

   b.  Records show that the applicant served in Iraq during the Liberation of Iraq and Transition of Iraq campaigns.  Therefore, he is entitled to two bronze service stars for wear on the ICM.

4.  The evidence of record shows the applicant's unit was awarded the JMUA and that the applicant qualified for and was authorized the unit award.  Therefore, it would be appropriate to correct his records to show this unit award.

5.  Permanent orders awarded the applicant the Army Commendation Medal.  Therefore, it would be appropriate to correction his records to show this award.

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 from item 13 of his DD Form 214 the Global War on Terrorism Expeditionary Medal; and

	b.  adding to item 13 of his DD Form 214 the Army Commendation Medal, Iraq Campaign Medal with two bronze service stars, and the Joint Meritorious Unit Award.



      ___________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)                                         AR20090013525



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ABCMR Record of Proceedings (cont)                                         AR20090013525



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