IN THE CASE OF:
BOARD DATE: 10 January 2013
DOCKET NUMBER: AR20120012709
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 the Iraq Campaign Medal (ICM) with two bronze service stars or the Global War on Terrorism Expeditionary Medal (GWOTEM) and the Global War on Terrorism Service Medal (GWOTSM).
2. The applicant states that he served in Iraq during the period of 20030414 20031107 and he believes he is eligible for the ICM with two bronze service stars due to his participation in the liberation of Iraq and transition of Iraq. He also states he believes he is eligible for the GWOTEM and GWOTSM based on the dates of eligibility.
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 29 October 2002 for a period of 3 years, training as a multiple launch rocket system crewman, assignment to Fort Sill, Oklahoma, and a cash enlistment bonus. He completed his one-station unit training at Fort Sill and remained there for his first and only duty assignment.
3. He deployed to Iraq during the period of 20030414 20031107 for a period of 6 months and 24 days and on 24 November 2003 he was honorably discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-8, due to parenthood. He had served
1 year and 26 days of active service and his DD Form 214 issued at the time of his discharge shows that he was awarded the Army Commendation Medal, National Defense Service Medal, and Army Service Ribbon.
4. Army Regulation 600-8-22 (Military Awards) states:
a. The ICM is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF). 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 ICM 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)
b. The GWOTEM authorized 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.
c. The GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the GWOTEM, Afghanistan Campaign Medal, or ICM. All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.
DISCUSSION AND CONCLUSIONS:
1. The applicant served during a qualifying period for award of the ICM with two bronze service stars. Accordingly, it should be added to his DD Form 214.
2. The applicant also served during a qualifying period for award of the GWOTSM and that medal should be added to his DD Form 214.
3. However, the applicant is not entitled to award of the GWOTEM because he is being awarded the ICM and only one award is authorized (ICM or GWOTEM) for the same period of service.
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 the ICM with two bronze service stars and the GWOTSM to his DD Form 214.
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 him the GWOTEM.
_______ _ 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) AR20120012709
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ABCMR Record of Proceedings (cont) AR20120012709
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