IN THE CASE OF:	  

		BOARD DATE:  4 January 2013

		DOCKET NUMBER:  AR20120010044 


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 and Combat Action Badge.

2.  The applicant states the two awards were approved subsequent to the date he retired from active duty.  As a result, they are not recorded on his DD Form 214.  He adds that he prefers award of the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.

3.  The applicant provides a copy of the Iraq Campaign Medal implementing guidance, his Combat Action Badge award orders, and 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 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 21 May 1985.  He was awarded military occupational specialty (MOS) 12B (Combat Engineer).

3.  He continued to serve on active duty, was awarded MOS 79S (Career Counselor), and promoted to sergeant first class/pay grade E-7 on 1 May 2000.

4.  A DA Form 2166-8 (Noncommissioned Officer Evaluation Report) covering  the period August 2003 through July 2004 shows the applicant served in duty MOS 79S4O (Brigade Career Counselor) and he was assigned to Headquarters and Headquarter Company, 3rd Brigade, 2nd Infantry Division, Mosul, Iraq.

5.  Headquarters, I Corps, Fort Lewis, Washington, Permanent Orders 257-7, dated 14 September 2005, awarded the applicant the Combat Action Badge for actively engaging or being engaged by the enemy on 9 April 2004.

6.  The applicant's DD Form 214 shows he was honorably retired from active duty on 30 June 2005.  He completed 20 years, 1 month, and 10 days of active service.

	a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded, in part, the Global War on Terrorism Expeditionary Medal.  The Iraq Campaign Medal, Combat Action Badge, and Meritorious Unit Commendation are not listed.

	b.  Item 18 (Remarks) shows he served in:

* Bosnia from 28 December 1995 to 25 November 1996
* Kosovo from 13 March to 5 April 2000
* Iraq from 4 November 2003 to 5 November 2004

7.  A review of the applicant's military personnel records reveals he may be entitled to an additional award that is not shown on his DD Form 214.

8.  The U.S. Army Human Resources Command, Military Awards Branch, Approved Unit Awards webpage, shows the 3rd Brigade, 2nd Infantry Division, was awarded the Meritorious Unit Commendation for the period 15 November 2003 to 31 October 2004 and that publication of the Department of the Army General Orders announcing the award are pending.

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism (GWOT) 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.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM. 

		(1)  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the AOE.

		(2)  Initial award of the GWOTEM was limited to service members deployed abroad in Operation Enduring Freedom (OEF) and Operation Iraqi Freedom (OIF) in specific designated geographic AOEs, which included Iraq between 19 March 2003 and 28 February 2005.

b.  The Iraq Campaign Medal (ICM) is authorized for award to members of the Armed Forces of the United States who served in direct support of OIF.  The AOE encompasses all land area of the country of Iraq and 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 (i.e., the cessation of OIF).
   
	    (1)  A bronze service star is authorized with this service medal for each Iraq campaign a member is credited with participating in.  During the applicant's period of service in Iraq, he served in the:

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

       (2)  Only one award of the ICM may be authorized for any individual.  No service member will be entitled to both the ICM and GWOTEM for the same act, achievement, or period of service.  

       (3)  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 the GWOTEM.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214.  It states for item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; do not use abbreviations.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant qualified for award of the GWOTEM for his service in support of the GWOT in Iraq.  Records also show he qualified for award of the ICM in lieu of the GWOTEM based on his service in Iraq.

	a.  In his request, the applicant requests award of the ICM.  Thus, the applicant should be awarded the ICM in lieu of the GWOTEM.  

   b.  Records show the applicant served in Iraq during the Transition of Iraq and Iraqi Governance campaigns.

   c.  Therefore, it would be appropriate to correct his DD Form 214 to show award of the ICM with two bronze service stars.

2.  Permanent orders awarded the applicant the Combat Action Badge.

3.  The evidence of record shows the applicant's unit was awarded the Meritorious Unit Commendation.

4.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.

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:

	a.  deleting the Global War on Terrorism Expeditionary Medal from item 13 of his 30 June 2005 DD Form 214; and

	b.  adding the following awards to item 13 of his 30 June 2005 DD Form 214:

* Iraq Campaign Medal with two bronze service stars
* Combat Action Badge
* Meritorious Unit Commendation




      _______ _  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)                                         AR20120010044



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ABCMR Record of Proceedings (cont)                                         AR20120010044



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