BOARD DATE: 17 May 2011
DOCKET NUMBER: AR20100027599
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 he be awarded the Iraq Campaign Medal.
2. The applicant states that item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he served in Iraq from 28 November 2004 to 22 October 2005.
3. The applicant provides:
* his DD Form 214
* a DD Form 215 (Correction to DD Form 214)
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 enlisted in the Oregon Army National Guard (ORARNG) on 22 March 2002. On 28 June 2004, he was ordered to active duty in support of Operation Iraqi Freedom (OIF).
3. On 25 November 2005, the applicant was released from active duty and returned to the ORARNG. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, as corrected by a DD Form 215, dated 15 February 2007, shows the:
* National Defense Service Medal
* Army Service Ribbon
* Armed Forces Reserve Medal with "M" Device
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Good Conduct Medal
* Army Reserve Components Achievement Medal
* Driver and Mechanic Badge
4. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal 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 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. 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)
5. Army Regulation 600-8-22 provides that 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. Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal is no longer authorized to be awarded for service in Iraq. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 shows award of the Global War on Terrorism Expeditionary Medal. He had only one period of service in Iraq. Therefore, upon specific request, he can receive the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.
2. During the processing of this case, a staff member of the Board attempted to contact the applicant at the telephone number he provided on his application to determine whether he desired to be awarded the Iraq Campaign Medal, with the understanding that the Global War on Terrorism Expeditionary Medal that is already documented on his DD Form 214 would be removed. However, there was no response.
3. In view of the foregoing, there is no basis for granting the applicant's requested relief at this time.
4. The applicant is advised that should he desire, he may reapply to this Board for award of the Iraq Campaign Medal with one bronze service star and removal of his already-awarded Global War on Terrorism Expeditionary Medal from his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x__ ___x_____ ___x_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_________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) AR20100027599
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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