BOARD DATE: 15 August 2013
DOCKET NUMBER: AR20130000829
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 Overseas Service Ribbon (OSR) and Iraq Campaign Medal (ICM) with two bronze service stars in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM).
2. The applicant states:
* he would like to have his DD Form 214 amended to show award of the OSR and ICM with two bronze service stars
* he served in Iraq from 31 March 2003 to 30 March 2004
* as he understands it, a service member cannot have both the GWOTEM and ICM
* at times it seems he should be authorized both the GWOTEM and ICM
* he is not sure if he is authorized the OSR along with the Global War on Terrorism Service Medal (GWOTSM)
3. The applicant provides no additional evidence.
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 17 August 2000, served as a signal support systems specialist, and was honorably released from active duty on 16 August 2005.
3. His DD Form 214 shows he was awarded or authorized the:
* Army Lapel Button
* Army Commendation Medal
* Army Achievement Medal
* GWOTEM
* GWOTSM
* Army Good Conduct Medal
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Driver and Mechanic Badge with Driver-W Bar
4. Item 18 (Remarks) of his DD Form 214 shows he served in Iraq from 31 March 2003 to 30 March 2004.
5. Army Regulation 600-8-22 (Military Awards) states the OSR is awarded for successful completion of overseas tours.
6. 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 receive credit for a completed short tour. Rules 6 and 8 of table 3-2, Army Regulation 614-30 (Overseas Service), apply.
7. Army Regulation 600-8-22 states service members who qualified for award of 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 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.
8. Army Regulation 600-8-22 states the ICM is awarded to members who 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 to 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)
DISCUSSION AND CONCLUSIONS:
1. The applicant served a qualifying period of service in Iraq for entitlement to the OSR. Therefore, his DD Form 214 should be corrected to show this award.
2. Based on his service in Iraq, he was awarded the GWOTEM. However, he is also eligible for award of the ICM with two bronze service stars for this service. Per his request for award of the ICM with two bronze service stars in lieu of the GWOTEM, it would be appropriate to remove the GWOTEM from his DD Form 214 and replace it with the ICM 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 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:
a. deleting award of the GWOTEM from his DD Form 214; and
b. adding award of the ICM with two bronze service stars and OSR to his DD Form 214.
____________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) AR20130000829
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ABCMR Record of Proceedings (cont) AR20130000829
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