IN THE CASE OF:	  

		BOARD DATE:	  16 October 2012

		DOCKET NUMBER:  AR20120006147 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Action Badge (CAB), Iraq Campaign Medal (ICM), Global War on Terrorism Expeditionary Medal (GWOTEM), and Global War on Terrorism Service Medal (GWOTSM).

2.  He states some of the awards were issued after his discharge.

3.  He provides his orders for the CAB.

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.  On 3 October 2012 in a telephonic conversation between the applicant and an analyst of the ABCMR, the applicant requested award of the ICM in lieu of the GWOTEM.

3.  The applicant's military record shows he was ordered to active duty in support Operation Iraqi Freedom as a member of the U.S. Army Reserve.  He entered active duty on 21 January 2003.  He served in Iraq from 9 March to 18 April 2003.  He was honorably released from active duty on 17 December 2003 and he returned to his home unit.

4.  His DD Form 214 shows he was awarded or authorized the:

* Army Achievement Medal
* Purple Heart
* Army Reserve Components Achievement Medal (3rd Award)
* National Defense Service Medal (2nd Award)
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
* Army Reserve Components Overseas Training Ribbon

5.  Orders 06-061-00073 issued by Headquarters, 88th Regional Readiness Command, Fort Snelling, MN, dated 2 March 2006, awarded him the CAB for actively engaging or being engaged by the enemy on 10 April 2003.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The ICM was authorized in Public Law 108-234 on 28 May 2004.  The ICM is authorized for 30 consecutive or 60 nonconsecutive days of service in Iraq from 19 March 2003 through 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)
* 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 2009-31 August 2010)
* New Dawn (1 September 2010-31 December 2011)

	b.  The GWOTEM is awarded to members assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the area of eligibility (AOE) or meet other specified criteria.  Initial award of the GWOTEM was limited to members deployed abroad in support of Operation Enduring Freedom and Operation Iraqi Freedom in designated specific geographic AOE's, including Kuwait.

	c.  Service members who 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.

	d.  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 AOE designated for award of the GWOTEM, Afghanistan Campaign Medal, or ICM.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined, having served 30 consecutive or 60 nonconsecutive days, are authorized the GWOTSM.

DISCUSSION AND CONCLUSIONS:

1.  Orders awarded the applicant the CAB.  Therefore, he is entitled to correction to his DD Form 214 to show this award.

2.  The available evidence shows he completed a qualifying period of service for award of the ICM.  The same period of service establishing eligibility for the ICM cannot be used to justify service eligibility for the GWOTEM.  Therefore, based on his eligibility for award of the ICM and his request, his DD Form 214 should be corrected to show the ICM with one bronze service star to denote his campaign participation.

3.  He served during a qualifying period of service for award of the GWOTSM, which is not shown on his DD Form 214.  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 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 adding the following awards to his DD Form 214:

* ICM with one bronze service star
* GWOTSM
* CAB



      ____________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)                                         AR20120006147



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ABCMR Record of Proceedings (cont)                                         AR20120006147



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