BOARD DATE: 4 May 2011
DOCKET NUMBER: AR20100026191
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 his records be corrected by adding his award of the Iraq Campaign Medal (ICM).
2. The applicant states he was awarded the ICM for his service in Iraq; however, it was not included on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
3. The applicant provides a copy of orders deploying his unit to Iraq and a copy of a deployment manifest.
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 was serving in pay grade E-6 in Germany when he deployed to Kuwait/Iraq in support of Operation Enduring Freedom from 9 February to 27 May 2003. He was awarded the Global War on Terrorism Expeditionary Medal (GWOTEM) for this deployment.
3. He again deployed to Kuwait/Iraq from 30 September 2003 to 2 February 2004 and returned to Germany.
4. On 15 February 2005, he was honorably discharged under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 6, due to parenthood. He completed 13 years, 9 months, and 16 days of active service. His DD Form 214 shows his award of the GWOTEM; however, it does not show the award of the ICM.
5. Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic areas of eligibility, including Kuwait.
6. Army Regulation 600-8-22 (Military Awards) states the ICM is awarded to members who served in direct support of Operation Iraqi Freedom (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. 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)
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his award of the ICM should be added to his records has been noted and appears to have merit.
2. The applicant served in two separate deployments to Kuwait/Iraq and he was awarded the GWOTEM for his first deployment.
3. Accordingly, he is entitled to award of the ICM with one bronze service star for his second deployment to Kuwait/Iraq.
BOARD VOTE:
___x_____ ___x____ ____x__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 his award of the ICM to his DD Form 214.
2. The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20100026191
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ABCMR Record of Proceedings (cont) AR20100026191
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