IN THE CASE OF:
BOARD DATE: 1 August 2013
DOCKET NUMBER: AR20130000370
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) for the period ending 22 March 2005 to show award of the Iraq Campaign Medal.
2. The applicant states he should have been awarded the Iraq Campaign Medal which was not included on his 2005 DD Form 214. He believes this was an oversight.
3. The applicant provides a copy of his 2005 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 Pennsylvania Army National Guard on 31 May 2001. He entered active duty for training on 25 February 2002. He completed training and was awarded military occupational specialty 92Y (Unit Supply Specialist). He was released from active duty for training on 3 July 2002.
3. He was ordered to active duty in support of Operation Iraq Freedom as a member of his Army National Guard unit and entered active duty on 9 January 2004.
4. He was honorably released from active duty on 22 March 2005. His DD Form 214 for this period of service shows he was awarded or authorized the:
* Purple Heart
* Army Commendation Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
5. Item 18 (Remarks) of this DD Form 214 shows he served in Iraq from 7 March 2004 through 17 February 2005.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The Iraq Campaign Medal 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 Iraq Campaign Medal 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 Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 28 February 2005 in an area for which the Iraq Campaign Medal was subsequently authorized will remain qualified for that medal. Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service. No service member will be entitled to both medals for the same act, achievement, or period of service.
7. Attempts to contact the applicant to ascertain if he was willing to give up the Global War on Terrorism Expeditionary Medal in favor of the Iraq Campaign Medal were unsuccessful.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant completed a qualifying period of service for award of the Iraq Campaign Medal. However, the same period of service establishing eligibility for the Global War on Terrorism Expeditionary Medal cannot be used to justify service eligibility for the Iraq Campaign Medal.
2. In order for his DD Form 214 for the period ending 22 March 2005 to be corrected to show award of the Iraq Campaign, he must request a correction of his records to show award of the Iraqi Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal. In the absence of such a request, he is not entitled to correction to his DD Form 214 to show award of the Iraq Campaign Medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ___X__ _ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20130000370
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130000370
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100027599
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, as corrected by a DD Form 215, dated 15 February 2007, shows the: * National Defense Service Medal * Army Service Ribbon * Armed Forces Reserve Medal with "M" Device * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Army Good Conduct Medal * Army Reserve Components Achievement Medal * Driver and Mechanic Badge 4. Army Regulation...
ARMY | BCMR | CY2013 | 20130010722
Application for correction of military records (with supporting documents provided, if any). He further stated that in accordance with Army Regulation 600-8-22 (Military Awards), section 2-17, "Service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal." As a result, the Board recommends that all...
ARMY | BCMR | CY2011 | 20110016614
Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the: * Army Commendation Medal * Army Achievement Medal (3rd Award) * Army Good Conduct Medal * National Defense Service Medal * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Army Service Ribbon * Overseas Service Ribbon * Combat Infantryman Badge * Expert Infantryman Badge * Parachutist Badge * Air Assault Badge 4. The evidence shows...
ARMY | BCMR | CY2011 | 20110020508
His DD Form 214 lists the following awards: * Army Achievement Medal * Army Good Conduct Medal * National Defense Service Medal * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Army Service Ribbon * Air Force Training Ribbon 6. Service members who qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will...
ARMY | BCMR | CY2014 | 20140004658
Application for correction of military records (with supporting documents provided, if any). 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 in lieu of his already-awarded Global War on Terrorism Expeditionary Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214 the Global War on...
ARMY | BCMR | CY2012 | 20120004528
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. Army Regulation 600-8-22 states 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 Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. The applicant's DD Form 214 shows he served in Iraq during...
ARMY | BCMR | CY2014 | 20140008912
The applicant provides: * Deployment orders * Certificate for award of the Bronze Star Medal * DD Form 214 * Officer Evaluation Report (OER) * Email exchanged * Criteria for award of the Global War on Terrorism Expeditionary Medal * ABCMR Docket Number AR20100001172, dated 29 July 2010 CONSIDERATION OF EVIDENCE: 1. The evidence of record further shows he served in Iraq from at least 19 March to on or about 30 April 2003, the date shown on his award of the Bronze Star Medal. As a result,...
ARMY | BCMR | CY2012 | 20120022203
Item 13 (Decorations, Medal, Badges, Citations, and Campaign Ribbons Awarded or Authorized), he was awarded the Iraq Campaign Medal with four campaign stars, Bronze Star Medal, Army Commendation Medal (3rd Award), Army Achievement Medal (2nd Award), Meritorious Unit Commendation (3rd Award), Army Good Conduct Medal (2nd Award), National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Overseas Service Ribbon (3rd...
ARMY | BCMR | CY2010 | 20100027431
His DD Form 214, item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) lists the following awards: * Purple Heart (2nd Award) * Army Commendation Medal with "V" Device * Army Commendation Medal (2nd Award) * Army Achievement Medal * Presidential Unit Citation (Army) * National Defense Service Medal * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Army Service Ribbon * Army (Retired) Lapel Button * Sharpshooter...
ARMY | BCMR | CY2010 | 20100017803
The applicant requests her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Global War on Terrorism Expeditionary Medal or Iraq Campaign Medal. Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who participated in the Global War on Terrorism operations outside of the designated areas of eligibility on or after 11 September...