IN THE CASE OF:
BOARD DATE: 25 September 2012
DOCKET NUMBER: AR20120004634
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 the Iraq Campaign Medal (ICM).
2. He states he believes the oversight was due to a simple error.
3. He 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 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 September 1995. He served 8 years, 2 months, and 18 days and was honorably discharged on
30 November 2003.
3. His DD Form 214 shows in:
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:
* Army Commendation Medal
* Army Achievement Medal (4th Award)
* Army Good Conduct Medal
* National Defense Service Medal (2nd Award)
* Armed Forces Service Medal
* Army Service Ribbon
* NATO Medal with bronze service star
* Kosovo Campaign Medal with bronze service star
* item 18 (Remarks) the entries of:
* Service in Iraq 20030228 to 20030822
* Service in Kosovo 20001105 to 20010515
* Service in Bosnia 19980905 to 19981208
4. Information provided by the Defense Finance and Accounting Service (DFAS) verified that the applicant received hostile fire pay/imminent danger pay and a combat zone tax exemption during the following periods and countries:
* "19900907 through 19981211, Bosnia Herzegovina"
* "20011127 through 20010606, Macedonia"
* "20030310 through 20030823, Kuwait"
5. Army Regulation 600-8-22 (Military Awards) states:
a. 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 31 December 2011. 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)
b. service members qualified for the Global War on Terrorism Expeditionary Medal (GWOTEM) (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 Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated AOE on or after 11 September 2001 to a future date to be determined. All Soldiers on active duty, 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was deployed to Kuwait/Iraq in support of Operation Iraqi Freedom from 28 February 2003 to 22 August 2003. Based on his service in Kuwait/Iraq, he is eligible for award of the GWOTEM or the ICM with two bronze service stars. However, regulation precludes receipt of both of GWOTEM and ICM awards for the same act, achievement, or period of service. Since he prefers award of the ICM, his DD Form 214 should be amended to reflect this award.
2. The evidence of record also shows he was on active duty on 11 September 2001 for more than 30 days; therefore, he is eligible for award of the GWOTSM and correction of his DD Form 214 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 amending item 13 of his DD Form 214 to add award of the ICM with two bronze service stars and the GWOTSM.
_____________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) AR20120004634
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120004634
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130016476
c. 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 GWOTEM, Afghanistan Campaign Medal, or ICM. Based on the applicant's service in Iraq, he is eligible for award of the ICM with two bronze service stars or the GWOTEM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2009 | 20090006127
The applicant's DD Form 214 also does not show that she was awarded the GWOTEM, but evidence of record shows she was deployed to Kuwait during the period 7 February 2003 to 18 March 2003. an area of eligibility for award of the GWOTEM, as her service in Iraq only qualifies for either the ICM or the GWOTEM, but not both. Additionally, the applicant's DD Form 214 does not show that she was awarded the GWOTSM, but she served on active duty outside the designated areas of eligibility for award...
ARMY | BCMR | CY2008 | 20080009541
As the applicant has requested that he be awarded the ICM with one bronze service star in lieu of his already-awarded GWOTEM, it would be appropriate at this time to correct his military records to show the award of the ICM with one bronze service star and remove his award of the GWOTEM. Therefore, it would be appropriate at this time to correct his military records to show the award of the Overseas Service Ribbon with Numeral "2" to denote his completion of two overseas tours. As a...
ARMY | BCMR | CY2011 | 20110015245
The applicant requests, in effect, correction of his military records to show he was awarded a second Army Commendation Medal (ARCOM), Iraq Campaign Medal (ICM) with two bronze service stars, and the Combat Action Badge (CAB). The applicant contends that his military records should be corrected to show he was awarded a second ARCOM at the conclusion of his active duty service; and the ICM for his service in Iraq. The available evidence of record does not show that the applicant was awarded...
ARMY | BCMR | CY2011 | 20110018442
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Global War on Terrorism Expeditionary Medal (GWOTEM) and Iraq Campaign Medal (ICM) for his service in support of Operation Enduring Freedom in Kuwait and Iraq. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) of his DD Form 214 shows award of the: * Army Commendation Medal * National Defense...
ARMY | BCMR | CY2008 | 20080018810
The applicant provides: a. DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 2 January 2003 to 30 April 2004; b. an excerpt from Army Regulation 600-8-22 (Military Awards) dealing with the ICM; c. an internet document dealing with the ICM; d. a memorandum, 450th Transportation Battalion (Movement Control), Manhattan, KS, dated 2 December 2005, awarding the applicant the Armed Forces Reserve Medal with "M" Device, the National Defense Service Medal, the Global...
ARMY | BCMR | CY2013 | 20130020578
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in: * Grenada from 13 September through 3 December 1983 * Kosovo from 15 June through 1 December 1999 * Iraq from 3 February through 9 July 2003 * Afghanistan from 15 August 2003 through 16 January 2004 2. Chapter 2 contains guidance on the preparation of the DD Form 214 and states: a. all decorations, badges, citations, and campaign ribbons awarded or...
ARMY | BCMR | CY2009 | 20090016959
Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom. Army Regulation 600-8-22 states that the GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined. However, based on his service in Iraq from 1 January 2004 - 20 April...
ARMY | BCMR | CY2013 | 20130012890
The applicant requests correction of item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Iraq Campaign Medal (ICM) and Global War on Terrorism Expeditionary Medal (GWOTEM). Approved campaigns include: * Liberation of Iraq (19 March 2003-1 May 2003) * Transition of Iraq (2 May 2003-28 June 2004) c. Service members qualified for the GWOTEM by reason of service between...
ARMY | BCMR | CY2013 | 20130007416
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 with two bronze service stars and the Global War on Terrorism Expeditionary Medal (GWOTEM). The applicant states: * he is entitled to award of the ICM with two bronze service stars for service in Iraq from 19 March 2003 until his redeployment * his DD Form 214 incorrectly shows he arrived in Kuwait on 1 March 2003, but he actually arrived on 15...