BOARD DATE: 10 November 2011
DOCKET NUMBER: AR20110008235
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 served a qualifying period in Iraq and he needs his DD Form 214 to show the ICM in order to obtain educational grants.
3. The applicant provides 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 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. His military records show he enlisted in the Regular Army on 28 December 1990 and was discharged on 10 September 1999. After a break in service he again enlisted in the Regular Army on 18 April 2001 and he was honorably discharged from active duty upon completion of his required active service on
17 April 2004. 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 Achievement Medal (2nd Award)
* Army Commendation Medal (3rd Award)
* Army Good Conduct Medal (3rd Award)
* GWOTEM
* Global War on Terrorism Service Medal
* National Defense Service Medal (2nd Award)
* Humanitarian Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* overseas service bar
* Parachutist Badge
3. Item 18 (Remarks) of his DD Form 214 shows he served in Kuwait/Iraq during the period 1 April to 17 November 2003.
4. Army Regulation 600-8-22 (Military Awards) states service members who 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.
5. Army Regulation 600-8-22 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. He served in Iraq during the following two approved campaigns:
* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
DISCUSSION AND CONCLUSIONS:
The applicant served in Iraq from 1 April to 17 November 2003 which is a qualifying period of service for award of the GWOTEM or 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. Because he specifically requested award of the ICM in lieu of the GWOTEM, it would now 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 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:
a. deleting the GWOTEM from his DD Form 214 and
b. adding the ICM with two bronze service stars to 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.
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