IN THE CASE OF:
BOARD DATE: 10 October 2013
DOCKET NUMBER: AR20130002159
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 Global War on Terrorism Expeditionary Medal (GWOTEM).
2. The applicant states he deployed to Iraq during the period 15 September 2005 to 27 January 2006 and again from 22 December 2006 to 28 December 2007. He was awarded the Iraq Campaign Medal (ICM) but not the GWOTEM.
3. The applicant provides a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 27 January 2004 and he was awarded military occupational specialty 13B (Cannon Crewmember).
2, He was promoted to sergeant/pay grade E-5 on 1 November 2007.
3. He was honorably retired on 3 January 2010 based on temporary disability. He completed 5 years, 11 months, and 7 days of net active service during this period that included 2 years, 4 months, and 11 days of foreign service.
4. The applicant's DD Form 214 shows:
a. he was awarded or authorized the:
* Army Commendation Medal (2nd Award)
* Army Achievement Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Korea Defense Service Medal
* ICM with one bronze service star
* Army Service Ribbon
* Overseas Service Ribbon (3rd Award)
* Combat Action Badge
b. he served in Iraq from:
* 15 September 2005-27 January 2006
* 22 December 2006-28 December 2007
5. U.S. Army Physical Disability Agency Order D237-03, dated 24 August 2012, removed the applicant from the Temporary Disability Retired List on 24 August 2012 and permanently retired him effective 25 August 2012.
6. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.
a. The GWOTEM 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 general area of eligibility encompasses all foreign land, water, and air spaces outside the 50 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. Effective 30 April 2005, the GWOTEM is no longer authorized to be awarded for service in Afghanistan and/or Iraq. Soldiers are only authorized award of the Afghanistan Campaign Medal and ICM after this date.
b. The ICM is authorized for award to members of the Armed Forces of the United States who served in direct support of Operation Iraqi Freedom (OIF). The area of eligibility encompasses all land area of the country of Iraq and 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.
(1) The period of eligibility is on or after 19 March 2003 to 31 December 2011 (the cessation of OIF).
(2) A bronze service star is authorized with this service medal for each Iraq campaign a member is credited with participating in. The applicant served in Iraq during the following campaigns:
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
DISCUSSION AND CONCLUSIONS:
1. Records show the applicant served in Iraq during the period 15 September 2005 to 27 January 2006 and from 22 December 2006 to 28 December 2007.
2. The evidence of record shows award of the GWOTEM is no longer authorized for service in Iraq effective 30 April 2005. Soldiers are only authorized award of the ICM after this date.
3. The evidence of record shows the ICM is authorized for award to members who served in direct support of OIF on or after 19 March 2003 to 31 December 2011. Records show the applicant was awarded the ICM with one bronze service star and that he served in Iraq during three campaigns.
4. Therefore, there is no basis for granting the applicant's requested relief.
5. However, the evidence shows the applicant's records contain an administrative error which does not require action by the Board. Therefore, administrative correction of the applicant's records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/
RECOMMENDATION section below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board determined an administrative error in the records of the individual concerned should be corrected. Therefore, the Board requests that ARBA CMD administratively correct the DD Form 214 of the individual concerned to show award of the ICM with three 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) AR20130002159
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130002159
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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