BOARD DATE:	 17 January 2013 

		DOCKET NUMBER:  AR20120012814 


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 (ICM) in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM) and the Army Reserve Components Achievement Medal (ARCAM).

2.  He states he would like his DD Form 214 to reflect the ICM in lieu of the GWOTEM which is currently shown.  He would also like this DD Form 214 to reflect his award of the ARCAM.  He believes the ARCAM memorandum was possibly overlooked.

3.  He provides:

* memorandum for award of the ARCAM (2nd Award)
* DD Form 214
* National Guard Bureau Form 22 (Report of Separation and Record of Service)

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.  After having had prior service, the applicant's military record shows he enlisted in the Illinois Army National Guard (ILARNG) on 23 November 1997.  He completed training and was awarded military occupational specialty 95B (Military Police).  He was ordered to active duty as a member of the ILARNG in support of Operation Enduring Freedom and entered active duty on 3 February 2003.

3.  On 14 January 2004, the 933rd Military Police Company issued a memorandum awarding him two ARCAM's for the following qualifying periods of service:

* 23 November 1997 through 22 November 2000
* 23 November 2000 through 11 November 2003

4.  He was honorably released from active duty on 1 September 2004 and returned to the control of the ILARNG.  His DD Form 214 shows he was awarded or authorized the:

* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal (2nd Award)
* GWOTEM
* Global War on Terrorism Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
* Driver and Mechanic Badge

5.  Item 18 (Remarks) of his DD Form 214 contains the entry:  "SERVICE IN IRAQ 20030414-20040722."

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The ICM is awarded to members who 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 ICM period of eligibility is on or after 19 March 2003 to 31 December 2011.  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.  Service members who qualified for the GWOTEM by reasons 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 Overseas Service Ribbon (OSR) was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  According to the U.S. Army Human Resources Command Awards Branch, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 continuous months in Iraq or Afghanistan get credit for a completed short tour.  Rules 6 and 8 of Army Regulation 614-30 (Overseas Service), table 3-2, apply.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed a qualifying period of service for award of the ICM.  The same period of service establishing eligibility for the ICM cannot be used to justify service eligibility for the GWOTEM.  Therefore, based on his eligibility for award of the ICM and his request, he is entitled to correction to his DD Form 214 to show the ICM in lieu of the GWOTEM.  Based on his service in Iraq from 14 April 2003 through 22 July 2004, he is also authorized three bronze service stars to be affixed to the ICM to denote his campaign participation.

2.  The evidence of record shows he was awarded two ARCAM's for periods of service from 23 November 1997 through 22 November 2000 and from 23 November 2000 through 11 November 2003.  Therefore, he is also entitled to correction to his DD Form 214 to show these awards.

3.  The applicant completed over 12 months of foreign service in Iraq.  Therefore, he completed a qualifying period of service for award of the OSR and his DD Form 214 should be corrected to show this award.

BOARD VOTE:

____X____  ___X_____  __X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 the applicant's DD Form 214 and adding the ICM with three bronze service stars, ARCAM (2nd Award), and OSR.



      __________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)                                         AR20120012814



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ABCMR Record of Proceedings (cont)                                         AR20120012814



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