IN THE CASE OF:
BOARD DATE: 8 July 2010
DOCKET NUMBER: AR20090021791
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 (ICM) be shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 23 March 2005 in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM).
2. The applicant states, in effect, the change (award of the ICM in lieu of the GWOTEM) was implemented when he was serving in Operation Iraqi Freedom.
3. The applicant provides:
* U.S. Army Reserve (USAR) discharge orders
* Release from active duty orders
* Active duty orders
* Memorandum for award of the Global War on Terrorism Service Medal
* DD Form 214 for the period ending 23 March 2005
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. The applicant was ordered to active duty from the USAR on 15 December 2003 in support of Operation Iraqi Freedom. He served in Iraq from 8 March 2004 to 22 February 2005. On 23 March 2005, he was released from active duty.
3. The applicant's DD Form 214 for the period ending 23 March 2005 shows, among other awards, the GWOTEM as an authorized award. This DD Form 214 does not show the ICM as an authorized award.
4. Army Regulation 600-8-22 (Military Awards) states the ICM is awarded to members who have served in direct support of OIF. The area of eligibility encompasses all the land area of the country of Iraq, 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 OIF. 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 or meet one of several other criteria. Approved designated Iraq campaigns are:
* Liberation of Iraq/19 March 2003 - 1 May 2003
* Transition of Iraq/2 May 2003 - 28 June 2004
* Iraq Governance/29 June 2004 - 15 December 2005
* National Resolution/16 December 2005 - 9 January 2007
* Iraqi Surge/10 January 2007 - 31 December 2008
* Iraqi Sovereignty/1 January 2009 - Date to be determined
5. 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.
DISCUSSION AND CONCLUSIONS:
The applicant met the eligibility criteria for award of the ICM with two bronze service stars. Per his request, the GWOTEM should be deleted from his DD Form 214 for the period ending 23 March 2005 and the ICM with two bronze service stars should be added.
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 the GWOTEM from item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 for the period ending 23 March 2005 and adding 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.
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