IN THE CASE OF:
BOARD DATE: 22 January 2013
DOCKET NUMBER: AR20120012360
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 the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.
2. The applicant states he left active duty prior to authorization of the Iraq Campaign Medal. He states he was in Iraq from 27 March to 4 July 2003.
3. The applicant provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 9 March 2005
* Service Member Deployment History Outprocessing Verification
* DA Form 638 (Recommendation for Award)
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. He enlisted in the Regular Army on 10 March 2000. He completed basic combat and advanced individual training and was awarded military occupational specialty 21T (Technical Engineer Specialist).
3. On 9 March 2005, he was released from active duty. He completed 5 years of active service that was characterized as honorable. His DD Form 214 provides the following information:
* he is authorized the Global War on Terrorism Expeditionary Medal
* he deployed from 15 January to 26 July 2003 with duty in Kuwait and Iraq
4. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The Global War on Terrorism Expeditionary Medal 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. Service members must be assigned, attached, or mobilized to a unit participating in designated operations for
30 consecutive days or 60 nonconsecutive days in the AOE. Specific geographic AOEs included Iraq and Kuwait.
b. The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 31 December 2011. Individuals must have served in direct support of Operation Iraqi Freedom. The area of eligibility encompasses all land area of the country of Iraq and 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. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Among the approved campaigns are the:
* Liberation of Iraq (19 March 2003 - 1 May 2003)
* Transition of Iraq (2 May 2003 - 28 June 2004)
DISCUSSION AND CONCLUSIONS:
1. He was deployed to Kuwait and Iraq from 15 January to 26 July 2003. The period of eligibility for the Iraq Campaign Medal began on 19 March 2003. At that time he had already established eligibility for the Global War on Terrorism Expeditionary Medal based on his service in Kuwait from 15 January to 18 March 2003. Therefore, he retains eligibility for the Global War on Terrorism Expeditionary Medal.
2. He states he was in Iraq from 27 March to 4 July 2003. Therefore, he is eligible for the Iraq Campaign Medal with two bronze service stars.
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 amending his DD Form 214 by adding the Iraq Campaign Medal with two bronze service stars.
_______ _ __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) AR20120012360
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ABCMR Record of Proceedings (cont) AR20120012360
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