IN THE CASE OF:
BOARD DATE: 29 March 2011
DOCKET NUMBER: AR20100024220
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 to be awarded the Iraq Campaign Medal (ICM) with bronze service stars and the Global War on Terrorism Service Medal (GWOTSM).
2. The applicant states he served in Iraq from April 2003 to September 2003 and was discharged before the medals were created. He believes he should be awarded these medals.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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. He enlisted in the Regular Army on 18 October 2000 for a period of 3 years and training as a combat engineer. He completed one-station unit training at Fort Leonard Wood, Missouri, and was transferred to Fort Riley, Kansas.
3. He deployed in support of Operation Desert Spring from 4 May 2002 to 28 October 2002 and was awarded the Armed Forces Expeditionary Medal (AFEM) for that service. He was advanced to pay grade E-4 on 1 October 2002.
4. He deployed and served in two campaigns in support of Operation Iraqi Freedom (OIF) from 28 April to 8 September 2003.
5. On 20 December 2003, he was honorably released from active duty due to completion of required service. He completed 3 years, 2 months, and 3 days of total active service and was awarded the Army Commendation Medal, the National Defense Service Medal, the AFEM, and the Army Service Ribbon.
6. Army Regulation 600-8-22 (Military Awards) states the ICM is awarded to members who served in direct support of OIF. The area of eligibility (AOE) 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. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns are:
* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi 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)
7. Army Regulation 600-8-22 states the GWOTSM is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the AOE designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or ICM. All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and found to have merit. He served during a qualifying period for the GWOTSM and is entitled to have it added to his records.
2. He also served in two campaigns during a qualifying period for the ICM and is entitled to have it added to his records.
3. Accordingly, his records should be corrected to show the ICM with two bronze service stars and the GWOTSM.
BOARD VOTE:
____x___ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 the ICM with two bronze service stars and the GWOTSM to his records and his DD Form 214.
_____________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) AR20100024220
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ABCMR Record of Proceedings (cont) AR20100024220
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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