IN THE CASE OF:
BOARD DATE: 9 March 2010
DOCKET NUMBER: AR20090016624
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 (ICM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM).
2. The applicant states that research in Department of the Defense regulations revealed that this was allowed.
3. The applicant provides a copy of his DD Form 214, his DD Form 215 (Correction to DD Form 214), dated 5 September 2008; and a letter from the National Personnel Records Center (NPRC), St. Louis, MO, dated 10 July 2009, 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 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. After having prior active and inactive service, the applicant enlisted in the Regular Army (RA) on 19 July 2000. He was discharged on 28 February 2001 for immediate reenlistment. The applicant reenlisted on 1 March 2001.
3. The applicant was discharged from active duty on 21 October 2005 under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(3), by reason of physical disability with severance pay. He had completed 4 years, 17 months, and 21 days of active military service during this period.
4. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 21 October 2005 shows that he was awarded the GWOTEM for his service in Iraq.
5. The applicant was issued a DD Form 215 which shows the following corrections on his DD Form 214 for the period ending 21 October 2005: showing in item 12f (Foreign Service) that he had 3 years of foreign service; adding to item 13 award of the Army Commendation Medal; and adding to item 18 (Remarks) an entry to show he served in Iraq from 1 February 2003 to
31 December 2003.
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 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 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. 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 applicants DD Form 215 shows he served in Iraq from 1 February 2003 to 31 December 2003.
2. The applicant's DD Form 214 for the period ending 21 October 2005 currently reflects award of the GWOTEM.
3. The applicant served a period of qualifying service in Iraq for award of the ICM with two bronze service stars. However, the Military Awards regulation directs that no service member shall be entitled to award of the ICM and the GWOTEM for the same act, achievement or period of service.
4. Since the applicant has requested award of the ICM in lieu of the GWOTEM, his DD Form 214 for the period ending 21 October 2005 should be amended by deleting his award of the GWOTEM and by adding award of the ICM with two bronze service stars.
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 deleting from item 13 of his DD Form 214 for the period ending 21 October 2005 the GWOTEM and adding to item 13 the ICM with two 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) AR20090016624
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