IN THE CASE OF:	  

		BOARD DATE:  21 August 2012

		DOCKET NUMBER:  AR20120003996 


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 correction 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 the ICM is higher in the U.S. Army ribbons order of precedence than the GWOTEM.  The ICM will qualify him for certain State benefits that he would not otherwise qualify for.

3.  The applicant provides his 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.  The applicant enlisted in the Regular Army on 25 June 2002.  He completed training and he was awarded military occupational specialty 94G (Food Service Specialist).

3.  On 24 June 2005, the applicant was honorably released from active duty at the completion of required active service.  He completed 3 years of creditable active service with no lost time at the rank/grade of private first class (PFC)/E-3.

4.  The DD Form 214 he was issued at the time shows in:

	a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) he was awarded:

* National Defense Service Medal
* Army Service Ribbon
* GWOTEM
* Global War on Terrorism Service Medal (GWOTSM)

	b.  Item 18 (Remarks) the entry "SERVICE MEMBER RECEIVED IMMINENT DANGER PAY FROM 19 MAR 2003 TO 27 FEB 2004 WHILE DEPLOYED TO KUWAIT AND IRAQ."

5.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.

6.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  Individuals authorized the ICM must have served in direct support of Operation Iraqi Freedom.  The ICM period of eligibility is on or after 19 March 2003 to 31 December 2011.  Service members qualified for the GWOTEM by reasons 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.  A bronze service star is authorized for campaigns.  During the applicant's service in Kuwait and Iraq, he participated in the following two campaigns: 
* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)

	b.  The Army Good Conduct Medal 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

	c.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective
1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  Human Resources Command (HRC) Military Awards Branch, issued a Frequently Asked Questions guide of examples to show the status of Soldiers deployed to Southwest Asia for eligibility for the OSR and other awards.  That guide lists "Question:  Can I be awarded the OSR for being in Iraq?  Answer:  Soldiers are authorized to be awarded the OSR upon completion of a "normal overseas tour as in accordance with Army Regulation 614-30."  If a Soldier is credited with tour completion in Iraq, yes they can receive the OSR.  Army Regulation 614-30, in pertinent part, states that Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a Temporary Change of Station (TCS)/Temporary Duty (TDY) status get credit for a completed short tour."

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant served in Kuwait and Iraq and he was awarded the GWOTEM.  Army Regulation 600-8-22 states upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.  Records further show the applicant participated in two campaigns.  Therefore, he is entitled to Iraq Campaign Medal with two bronze service stars in lieu of the Global War on Terrorism Expeditionary Medal he now holds, and correction of his DD Form 214 accordingly.

2.  The applicant was honorably REFRAD having completed 3 years of creditable active service with no time lost or record of any disciplinary actions.  Therefore, it appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 25 June 2002 through 24 June 2005 and to correct his DD Form 214 to show this award.

3.  The applicant completed a qualifying period of service for the Overseas Service Ribbon.  Therefore, his DD Form 214 should be corrected to show this award.

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 the Global War on Terrorism Expeditionary Medal;

	b.  awarding him the Army Good Conduct Medal (First Award) for the period 25 June 2002 through 24 June 2005; and

	c.  adding to his DD Form 214 the:

* Army Good Conduct Medal (First Award)
* Iraq Campaign Medal with two bronze service stars
* Overseas Service Ribbon



      __________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)                                         AR20120003996



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ABCMR Record of Proceedings (cont)                                         AR20120003996



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