IN THE CASE OF:
BOARD DATE: 26 September 2013
DOCKET NUMBER: AR20130002188
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 the Iraq Campaign Medal (ICM) be added to his
DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 March 2004.
2. The applicant states he deployed to Iraq for 13 months, but the ICM is not reflected on his DD Form 214.
3. The applicant provides:
* DD Form 214 for the period ending 2 March 2004
* Deployment orders
* Discharge orders
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 was ordered to active duty from the U.S. Army Reserve on
9 February 2003 in support of Operation Enduring Freedom. He was released from active duty on 2 March 2004.
3. His DD Form 214 for the period ending 2 March 2004 shows he was awarded or authorized the:
* Army Commendation Medal
* Army Reserve Components Achievement Medal (2nd Award)
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Armed Forces Reserve Medal with "M" Device
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Army Reserve Components Overseas Training Ribbon
4. Item 18 (Remarks) of his DD Form 214 for the period ending 2 March 2004 shows he served in Iraq from 25 February 2003 to 5 February 2004.
5. Army Regulation 600-8-22 (Military Awards) 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)
6. Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in GWOT operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or ICM. All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, 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.
7. Army Regulation 600-8-22 states the OSR is awarded for successful completion of overseas tours.
8. 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.
DISCUSSION AND CONCLUSIONS:
1. Based on the applicant's service in Iraq, he is eligible for award of the ICM with two bronze service stars. His DD Form 214 for the period ending 2 March 2004 should be corrected to show the ICM with two bronze service stars.
2. He served a period of qualifying service for award of the GWOTSM. His
DD Form 214 for the period ending 2 March 2004 should be corrected to show this medal.
3. He also served a qualifying period of service in Iraq for entitlement to the OSR. His DD Form 214 for the period ending 2 March 2004 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 that the evidence presented was 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 adding to his DD Form 214 for the period ending 2 March 2004 the:
* ICM with two bronze service stars
* GWOTSM
* 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) AR20130002188
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130002188
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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