IN THE CASE OF:
BOARD DATE: 22 June 2010
DOCKET NUMBER: AR20090020232
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 the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.
2. The applicant states the Iraq Campaign Medal was not available until after he was released from active duty. He states he served in Iraq from September 2003 through June 2004.
3. The applicant provides no additional evidence 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 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 military personnel records show he enlisted in the Regular Army on 22 August 2000 for a period of 4 years.
3. On 7 August 2004, the applicant was released from active duty. He had completed 3 years, 11 months, and 16 days of active service that was characterized as honorable.
4. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 indicates he is authorized the Global War on Terrorism Expeditionary Medal.
5. Item 18 (Remarks) of his DD Form 214 contains an entry indicating he served in Kuwait/Iraq from 19 September 2003 to 12 June 2004.
6. Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal 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 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 OIF.
7. Army Regulation 600-8-22 states service members qualified for the Global War on Terrorism Expeditionary Medal 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 Global War on Terrorism Expeditionary Medal for such service. No service member will be entitled to both medals for the same act, achievement, or period of service.
8. Military Personnel Message Number 10-078 issued 16 March 2010 authorizes one bronze service star to be worn on the suspension and campaign ribbon of the Iraq Campaign Medal for 1 or more days of participation in each of six designated campaigns. During the applicant's service he served during the Transition of Iraq (2 May 2003-28 June 2004).
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 shows he is authorized the Global War on Terrorism Expeditionary Medal for his service in Iraq. Based on the same period of service in Iraq he also meets the criteria for the Iraq Campaign Medal.
2. The regulation states no service member will be entitled to both the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal for the same period of service. However, a service member may request to be issued the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.
3. The applicant has requested the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal. Therefore, the Global War on Terrorism Expeditionary Medal should be deleted from item 13 of his DD Form 214.
4. Based on the period he served in Iraq indicated on his DD Form 214, he participated in the Transition of Iraq (2 May 2003-28 June 2004). Therefore, he is authorized the Iraq Campaign Medal with one bronze service star and this medal should be added to item 13 of 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 amending item 13 of his DD Form 214 with a separation date of 7 August 2004 by:
* deleting the Global War on Terrorism Expeditionary Medal
* adding the Iraq Campaign Medal with one bronze service star
____________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) AR20090020232
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ABCMR Record of Proceedings (cont) AR20090020232
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