BOARD DATE: 3 September 2013
DOCKET NUMBER: AR20130002222
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 30 April 2004 to show award of the Global War on Terrorism Expeditionary Medal (GWOTEM) and Iraq Campaign Medal (ICM).
2. The applicant states he was deployed to Iraq from 17 March 2003 to 9 March 2004 in support of Operation Iraqi Freedom.
3. The applicant provides:
* DD Form 214
* mobilization orders
* memorandum for the 2125th Garrison Support Unit, dated 12 March 2004
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. On 20 August 2013, the applicant was notified by separate correspondence that he may receive either the GWOTEM or the ICM in recognition of his service in Iraq. He responded and requested award of the ICM. Therefore, the GWOTEM will not be discussed further in this Record of Proceedings.
3. His DD Form 214 for the period ending 30 April 2004 shows:
* he was ordered to active duty as a member of the U.S. Army Reserve on 12 February 2003 in support of Operation Enduring Freedom
* he served as a signal support systems specialist in Iraq from 17 March 2003 to 9 March 2004
* he was released from active duty on 30 April 2004
4. His DD Form 214 for the period ending 30 April 2004 also shows he was awarded or authorized the:
* Army Commendation Medal
* Army Achievement Medal
* Army Reserve Components Achievement Medal
* National Defense Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
5. Army Regulation 600-8-22 (Military Awards) states 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. 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 Overseas Service Ribbon (OSR) is awarded for successful completion of overseas tours.
7. 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. Army Regulation 614-30 (Overseas Service), table 3-2, rules 6 and 8, 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 30 April 2004 should be corrected to show the ICM with two bronze service stars.
2. He served a qualifying period of service in Iraq for entitlement to the OSR. Therefore, his DD Form 214 for the period ending 30 April 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 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
adding award of the ICM with two bronze service stars and OSR to his DD Form 214 for the period ending 30 April 2004.
___________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) AR20130002222
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