BOARD DATE:	  13 December 2011

		DOCKET NUMBER:  AR20110012311 


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, in effect, correction of his DD Forms 214 (Certificate of Release or Discharge from Active Duty) to remove all five awards of the Army Reserve Components Achievement Medal (ARCAM).  He also requests to exchange his award of the Global War on Terrorism Expeditionary Medal (GWOTEM) for two additional bronze service stars to be affixed to his already-awarded Iraq Campaign Medal (ICM).  He also contends that his ICM should show a total of four bronze service stars because he served in Iraq during four campaigns.

2.  The applicant states he is not authorized the ARCAM because he is an Active Guard/Reserve (AGR) officer.  Furthermore, he desires to have his ICM with four bronze service stars because he served in Iraq during four campaigns.

3.  The applicant provides copies of his DD Forms 214 ending in 2003 and 2006; and a DA Form 4187 (Personnel Action) dated 17 May 2009.

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.  At the time of his application, the applicant was a lieutenant colonel, pay grade O-5, serving as an AGR at Fort Hood, Texas.

3.  The applicant's DD Form 214 ending on 17 October 2003 shows:

	a.  he served in Kuwait/Iraq during the period from 8 April to 3 October 2003; and

	b.  he was awarded four ARCAMs.

4.  The applicant's DD Form 214 ending on 20 November 2006 shows:

	a.  he served in Kuwait/Iraq during the period from 17 November 2005 to 
9 November 2006; and

	b. he was awarded a total of five ARCAMs,  a GWOTEM, and the ICM.

5.  Army Regulation 600-8-22 (Military Awards):

	a.  This regulation 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-date to be determined)

	b.  This regulation 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.

	c.  The ARCAM is authorized for award to Army personnel in the rank of colonel and below. Individual must have been a member of an (ARNG) unit or USAR TPU.  AGR Soldiers and officers are not authorized award of the ARCAM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to remove all of his ARCAMs and his GWOTEM, and to show four bronze service stars on his already-awarded ICM.

2.  The current governing regulation prohibits award of the ARCAM to all AGR officers.  Therefore, the applicant's request to remove these medals should be granted.

3.  The evidence of record clearly shows that the applicant served during four campaigns in the Iraqi Theater of Operations.  Furthermore, the governing regulation provides him the option of exchanging his GWOTEM for the ICM, which he now desires to do.  Therefore, his award of the GWOTEM should be removed and four bronze service stars added to his already-awarded ICM.

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 from his DD Form 214 ending on 17 October 2003 the Army Reserve Components Achievement Medal (4th Award);
	b.  deleting from his DD Form 214 ending on 20 November 2006 the Army Reserve Components Achievement Medal (5th Award), Global War on Terrorism Expeditionary Medal, and the Iraq Campaign Medal; and

	c.  adding to his DD Form 214 ending on 20 November 2006 the Iraq Campaign Medal with four 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.


ABCMR Record of Proceedings (cont)                                         AR20110012311





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