BOARD DATE: 15 December 2011
DOCKET NUMBER: AR20110012330
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 he be awarded the Iraq Campaign Medal (ICM).
2. The applicant states that he was ordered to active duty in support of Operation Iraqi Freedom and was deployed to Iraq; however, he was not awarded the ICM because it was not approved until after his release from active duty (REFRAD).
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and his orders to active duty.
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 was serving in the United States Army Reserve (USAR) in the pay grade of E-4 when he was ordered to active duty in support of Operations Enduring and Iraqi Freedom on 7 February 2003.
3. He deployed to Iraq/Kuwait on 16 April 2003, served in two campaigns and departed on 18 December 2003. On 25 January 2004 he was honorably REFRAD in the pay grade of E-5 due to completion of required service. His DD Form 214 issued at the time of his REFRAD shows that he was awarded the Army Achievement Medal, the Army Good Conduct Medal, the Army Reserve Component Achievement Medal (3d award), the National Defense Service Medal (2d award), the Armed Forces Reserve Medal with M device (2d award), the Army Service Ribbon and the Overseas Service Ribbon.
4. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal 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 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 2009-31 August 2010)
* New Dawn (1 September 2010-to a date to be determined)
5. Army Regulation 600-8-22 (Military Awards) states the GWOTSM is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.
6. Army Regulation 600-8-22 states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he is entitled to be awarded the ICM has been noted and found to have merit. He served in two campaigns in Iraq during a qualifying period for award of the ICM. Accordingly, he should be awarded the ICM with two bronze service stars and it should be added to his DD Form 214 at this time.
2. Additionally, he also served during a qualifying period for award of the GWOTSM and that award should also be awarded and added to his DD Form 214 at this time.
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:
* awarding him the ICM with two bronze service stars and adding it to his DD Form 214
* awarding him the GWOTSM and adding it 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.
ABCMR Record of Proceedings (cont) AR20110012330
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ABCMR Record of Proceedings (cont) AR20110012330
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