IN THE CASE OF:
BOARD DATE: 7 February 2012
DOCKET NUMBER: AR20110015432
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 the Iraq Campaign Medal (ICM) with two bronze service stars be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he served in Kuwait/Iraq in support of Operation Iraqi Freedom when he was stationed at Fort Stewart, GA with the 3rd Infantry Division.
3. The applicant provides:
* Orders for the Army Commendation Medal
* DD Form 214
* Deployment history document
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 Regular Army on 13 November 2000. He completed his training and was awarded military occupational specialty 13B (cannon crewmember). He was released from active duty on 12 November 2004.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* Army Commendation Medal (2nd Award)
* Army Achievement Medal
* Presidential Unit Citation (Army)
* Army Good Conduct Medal
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* War on Terrorism Expeditionary Medal (correctly known as the Global War on Terrorism Expeditionary Medal (GWOTEM))
* War on Terrorism Service Medal (correctly known as the Global War on Terrorism Service Medal)
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Army Lapel Button
* Driver and Mechanic Badge
4. Item 18 (Remarks) of his DD Form 214 also shows he served in Operations Desert Spring and Iraqi Freedom during the period 9 August 2002 to 4 July 2003.
5. He provided verification of his deployment history which shows he was deployed in support of Operation Iraqi Freedom. He also provided orders for the Army Commendation Medal for meritorious achievement during Operation Iraqi Freedom during the period 20 March 2003 to 1 May 2003.
6. On 23 January 2011, the applicant was notified by separate correspondence that he was eligible for either the GWOTEM or the ICM with two bronze service stars for his service in Iraq. He responded and requested that he be awarded the ICM with two bronze service stars in lieu of the GWOTEM for his service in Iraq.
7. 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-date to be determined)
DISCUSSION AND CONCLUSIONS:
1. The applicant requests the ICM with two bronze service stars be added to his DD Form 214 in lieu of the GWOTEM.
2. Evidence shows he served in Operation Iraqi Freedom and was awarded the GWOTEM for his service in Iraq.
3. He is also eligible for the ICM with two bronze service stars for his service in Iraq but the authority governing award of the ICM allows a Soldier to receive only one of these service medals for the same period of service.
4. Per his request, the GWOTEM should be removed from his DD Form 214 and the ICM with two bronze service stars should be added to item 13 of his DD Form 214.
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 deleting the entry "WAR ON TERRORISM EXPEDITIONARY MEDAL" in item
13 of his DD Form 214 and replacing it with the entry "Iraq Campaign Medal 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.
ABCMR Record of Proceedings (cont) AR20110015432
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ABCMR Record of Proceedings (cont) AR20110015432
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