IN THE CASE OF:
BOARD DATE: 22 September 2011
DOCKET NUMBER: AR20110006014
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 amendment of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Iraq Campaign Medal (ICM) in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM).
2. The applicant states he was not aware that he had a choice between the two awards.
3. The applicant provides his 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. His military records show he enlisted in the Regular Army on 20 July 2000.
3. On 19 January 2005, he was honorably released from active duty upon completion of his required active service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 for this period of service shows the:
* Army Commendation Medal
* Army Achievement Medal (3d Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Driver and Mechanic Badge with Driver "W" Bar
* GWOTEM
* Global War on Terrorism Service Medal
4. Item 18 (Remarks) of his DD Form 214 shows he served in Iraq during the period 24 February to 19 July 2003.
5. Army Regulation 600-8-22 (Military Awards) states service members qualified for the GWOTEM by reason 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.
6. Army Regulation 600-8-22 states the ICM is awarded to members who have 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 2009-31 August 2010)
* New Dawn (1 September 2010 to a date to be determined)
7. Army Regulation 635-5 (Separation Documents) states a DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty service. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
The applicant served in Iraq from 24 February to 19 July 2003, which is a qualifying period of service that entitles him to the ICM. No service member will be entitled to both medals for the same act, achievement, or period of service. He participated in two campaigns during this period of service. Therefore, since he requested the ICM in lieu of the GWOTEM it would be appropriate to amend his DD Form 214 by deleting the GWOTEM and adding the ICM with two bronze service stars.
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:
a. deleting the GWOTEM from his DD Form 214; and
b. adding to item 13 of his DD Form 214 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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