IN THE CASE OF:	  

		BOARD DATE:	  16 February 2012

		DOCKET NUMBER:  AR20110016440 


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 award of the Army Good Conduct Medal (AGCM) and Iraq Campaign Medal (ICM).  

2.  The applicant states he never received the ICM or the AGCM.  

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of the application.  

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.  The applicant’s record shows he enlisted in the Regular Army (RA) on 16 October 2001, and was trained in and awarded military occupational specialty (MOS) 13M (Multiple Launch Rocket System Crewmember).  
3.  The record shows the applicant served in Southwest Asia from 20 March 2003 through 16 June 2003, with service in both Kuwait and Iraq.  It also shows he earned the following awards during his active duty tenure:

* Army Achievement Medal (AAM), 3rd Award)
* National Defense Service Medal (NDSM)
* Army Service Ribbon (ASR)
* Global War on Terrorism Service Medal (GWOTSM)
* Global War on Terrorism Expeditionary Medal (GWOTEM)

4.  The applicant’s Official Military Personnel File (OMPF) contains an AAM certificate that shows the applicant was awarded the AAM for his meritorious service in Iraq from 20 March through 1 June 2003.  The OMPF is void of derogatory information or a unit commander disqualification that would have precluded award of the AGCM.  

5.  On 15 October 2004, the applicant was honorably released from active duty after completing 3 years of active military service.  The DD Form 214 he was issued at the time does not include the AGCM and ICM in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized).  Item 18 (Remarks) contains an entry confirming the applicant served in SWA (Kuwait and Iraq) from 20 March through 15 June 2003.  

6.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-17 contains guidance on the ICM which was authorized in Public Law 108-234 on 28 May 2004.  It states it is authorized for 30 consecutive days or 60 non-consecutive days of service in Iraq from 19 March 2003 through a future date to be determined.  The regulation stipulates that service members qualified for the GWOTEM by reason of service in Iraq between 19 March 2003 and 28 February 2005 will remain qualified for that medal.  Upon application these members may be awarded the ICM in lieu of the GWOTEM for such service.  However, no service member will be entitled to both medals for the same act, achievement, or period of service.  

7.  Paragraph 2-18 of the awards regulation contains guidance on the GWOTEM.  It states the GWOTEM is authorized to members for 30 days of consecutive or 60 days of non-consecutive service in a designated area of eligibility (AOE) from 11 September 2001 through a future date to be determined.  



8.  Chapter 4 of the awards regulation prescribes the policy for award of the 
AGCM.  It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years, except in those cases when the period for the first award ends with the termination of a period of Federal military service, in which case a period of more than 1 year is a qualifying period.    Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to be awarded the AGCM and ICM has been carefully considered and found to have partial merit.  

2.  The applicant’s OMPF is void of any derogatory information or a unit commander disqualification that would have precluded award of the AGCM.  As a result, it would be appropriate to award the applicant the AGCM for his qualifying honorable active duty service from 16 October 2001 through 15 October 2004, and to add this award to his record and DD Form 214. 

3.  By regulation, no member can receive both the GWOTEM and ICM for the same act, achievement, or period of service.  In this case, the record confirms the applicant served in Southwest Asia from 20 March through 15 June 2003, as evidenced by the entry in item 18 (Remarks) of his DD Form 214.  It also shows he served in Iraq from 20 March through 1 June 2003, as evidenced by the AAM certificate on file in his OMPF.  As a result, it appears he did not complete the necessary qualifying service to qualify for the GWOTEM based on Kuwait service alone.  

4.  Given the governing regulation prohibits award of both the GWOTEM and ICM for the same act, achievement or period of service which would be the case if the ICM was awarded in addition to the GWOTEM already held by the applicant, absent a request from the applicant to be awarded the ICM in lieu of the GWOTEM, which would result in the GWOTEM being removed from his record and DD Form 214, there is an insufficient evidentiary basis to support granting this portion of the requested relief.  

5.  The applicant is advised that if he in fact wishes to be awarded the ICM in lieu of the GWOTEM, he may reapply to the Board.  If he elects this option, he should make clear he understands award of the ICM would result in removal of the GWOTEM from his record and DD Form 214. 



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Army Good Conduct Medal for his qualifying honorable active duty service from 16 October 2001 through 15 October 2004, and by adding this award to his record and item 13 of his DD Form 214. 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Iraq Campaign Medal.  



      _______ _   _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)                                         AR20110016440



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110016440



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1