BOARD DATE: 8 November 2012
DOCKET NUMBER: AR20120008065
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 that he be awarded and issued the Iraq Campaign Medal.
2. The applicant states that he served in Iraq from February 2004 to February 2005 and desires to be awarded the Iraq Campaign Medal.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 10 June 2003 for a period of
3 years. He completed basic training at Fort Jackson, South Carolina and advanced individual training as a utility equipment repairer at Aberdeen Proving Ground, Maryland before being transferred to Germany.
3. He deployed to Iraq from 20040209 20050205 and he was advanced to the pay grade of E-4 on 1 May 2005.
4. On 9 June 2006, he was honorably released from active duty (REFRAD) due to completion of required service. He had served 3 years of active service and was awarded the Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal (GWOTEM), Global War on Terrorism Service Medal, Army Service Ribbon, and the Overseas Service Ribbon.
5. In the processing of this case a staff member of the Board contacted the applicant to ascertain if the applicant desired to have the Iraq Campaign Medal instead of the GWOTEM. The applicant responded in the affirmative.
6. Army Regulation 600-8-22 (Military Awards) states service members qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal. Upon application, any such service member may be awarded the Iraq Campaign Medal 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 Iraq Campaign Medal is awarded to Army members who have served in direct support of Operation Iraqi Freedom. 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 Iraq Campaign Medal period of eligibility is on or after 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)
DISCUSSION AND CONCLUSIONS:
1. The applicant served 1 year in Iraq during two campaigns and was awarded the GWOTEM for that service; however, the applicable regulation allows Soldiers to exchange the GWOTEM for the Iraq Campaign Medal if they so desire.
2. The applicant has acknowledged that he desires to have the Iraq Campaign Medal in lieu of the GWOTEM.
3. Accordingly, the GWOTEM should be deleted from his DD Form 214 and he should be issued the Iraq Campaign Medal with two bronze service stars and it should be added to his DD Form 214.
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:
* deleting the GWOTEM from block 13 of his DD Form 214
* adding the Iraq Campaign Medal with two bronze service stars to his
DD Form 214 and issuing him the medal set
_______ _ 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.
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