IN THE CASE OF:	  

		BOARD DATE:  13 December 2012

		DOCKET NUMBER:  AR20120009116 


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:

* Combat Infantryman Badge (CIB)
* Army Commendation Medal (ARCOM)
* Army Achievement Medal (AAM)
* Any other awards for his combat service in Iraq

2.  He states the CIB, ARCOM, and AAM are not listed on his DD Form 214.

3.  He provides:

* DD Form 214
* Permanent orders for award of the CIB
* Award certificates for the ARCOM and AAM

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 9 August 2001.  He served in Iraq from 11 March 2004 to 10 March 2005.

3.  He provided:

	a.  Permanent Orders 110-13, issued by Headquarters, 1st Brigade Combat Team (BCT), dated 19 April 2004, awarding him the CIB for participating in combat operations under enemy hostile fire to secure Iraq in support of Operation Iraqi Freedom (OIF) on 4 April 2004.

	b.  award certificate awarding him the ARCOM by Permanent Order 004-003, issued by the Commander, 1st Brigade, 1st Cavalry Division, Fort Hood, TX, dated 4 January 2005, for meritorious service from 12 March 2004 to 22 March 2005 while assigned to the 1st BCT in support of OIF II.

	c.  award certificate awarding him the AAM by Permanent Order 144-13, issued by Headquarters, 2nd Battalion, 5th Cavalry Regiment, Fort Hood, dated 24 May 2005, for meritorious achievement while assigned to 2nd Battalion,
5th Cavalry Regiment from 10 January 2002 to 28 June 2005.

4.  He was released from active duty on 14 June 2005 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.

5.  The DD Form 214 he was issued at the time shows award of the:

* Army Lapel Button
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Global War on Terrorism Service Medal (GWOTSM)
* Army Service Ribbon

6.  A review of his records on the interactive Personnel Electronic Records Management System (iPERMS) did not reveal he was awarded any additional awards for his service in Iraq.


7.  In an email, dated 6 November 2012, a member of the Board's staff informed the applicant that by regulation, both the GWOTEM and the Iraq Campaign Medal (ICM) could not be awarded for the same period of service in Iraq and that he would have to elect only one of these awards for his Iraq service.  The applicant was asked to respond with his decision; however, he did not respond.

8.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.

	b.  the ICM is awarded to members who have served in direct support of OIF.  The 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 campaigns include:

* Transition of Iraq (2 May 2003 - 28 June 2004)
* Iraqi Governance (29 June 2004 - 15 December 2005)

	c.  service members qualified for the 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.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders show the applicant was awarded the CIB, ARCOM, and AAM.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  The evidence of record shows the applicant was deployed to Iraq and OIF from 11 March 2004 to 10 March 2005.  Based on this service, he is eligible for award of the GWOTEM or the ICM with two bronze service stars.  However, regulation precludes receipt of both the GWOTEM and the ICM awards for the same act, achievement, or period of service.

3.  He was informed by email that he would have to elect award of the GWOTEM or the ICM.  However, he did not make an election.  Therefore, in the absence of an election, he is not entitled to award of the ICM with two bronze service stars for his combat service in Iraq during two campaigns.

4.  The applicant is advised that should he desire the ICM with two bronze service stars in lieu of his already-awarded GWOTEM, he can reapply to this Board for consideration.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 award of the Combat Infantryman Badge, Army Commendation Medal, and the Army Achievement Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to awarding or adding any additional awards for his combat service in Iraq to his DD Form 214.



      _______ _  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)                                         AR20120009116



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ABCMR Record of Proceedings (cont)                                         AR20120009116



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