IN THE CASE OF:
BOARD DATE: 18 September 2012
DOCKET NUMBER: AR20120005612
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 that in accordance with Army Regulation 600-8-22 (Military Awards), any service member may be awarded the ICM in lieu of the GWOTEM.
3. The applicant provides a copy of 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 California Army National Guard (CAARNG) on
4 December 2003. On 18 September 2004, he was ordered to active duty in support of Operation Iraqi Freedom.
3. On 20 February 2005, he was honorably released from active duty upon completion of his required active service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 for this period of service shows the:
* Army Achievement Medal
* National Defense Service Medal
* GWOTEM
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
4. Item 18 (Remarks) of his DD Form 214 shows he served in Iraq from 26 September 2004 to 29 January 2005.
5. His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 30 September 2006 shows he was honorably discharged from the CAARNG and as a Reserve of the Army on 30 September 2006 at the expiration of his term of service. He completed 2 years, 9 months, and 27 days of net service creditable service. Item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded this Period) of this form includes the GWOTEM.
6. Army Regulation 600-8-22 (Military Awards) states service members qualified for the GWOTEM by reason of service between 24 October 2001 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.
7. Army Regulation 600-8-22 states the ICM is awarded to members who served in direct support of OIF. The area of eligibility (AOE) 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 designated Afghanistan campaigns include, in part, Iraqi Governance from 29 June 2004-15 December 2005.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to have his DD Form 214 corrected to show the ICM in lieu of the GWOTEM has been carefully considered and found to have merit.
2. His records show he served during a qualifying period of service for the ICM. No service member will be entitled to both medals for the same act, achievement, or period of service. He participated in one campaign phase during his service in Iraq. Therefore, since he requests the ICM in lieu of the already-awarded GWOTEM he is entitled to have the ICM with one bronze service star added to his DD Form 214 for the period ending 20 February 2005.
3. The applicant's NGB Form 22 shows he was awarded the GWOTEM. However, if he wants the GWOTEM entry deleted from his NGB Form 22 and replaced with the ICM with one bronze service star, he must request this action through the ARNG as he has this administrative option before resorting to this Board.
BOARD VOTE:
___x____ ___x____ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 GWOTEM from his DD Form 214 for the period ending
20 February 2005
*
adding the ICM with one bronze service star to his DD Form 214 for the period ending 20 February 2005
____________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) AR20120005612
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ABCMR Record of Proceedings (cont) AR20120005612
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