IN THE CASE OF:
BOARD DATE: 10 September 2013
DOCKET NUMBER: AR20130002329
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 that his Global War on Terrorism Expeditionary Medal (GWOTEM) be changed to an Iraq Campaign Medal (ICM).
2. The applicant states that he desires to have his GWOTEM changed to an ICM because he served in Iraq and the GWOTEM is no longer issued.
3. The applicant provides no additional documents with his application.
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 18 October 2001 for a period of 3 years, training as an infantryman and assignment to Fort Campbell, Kentucky. He completed his training and was assigned to Fort Campbell for his first and only assignment.
3. He was deployed to Iraq with his unit on 28 February 2003 and on 5 April 2003, he was wounded in action and was subsequently awarded the Purple Heart. On 14 January 2004, he reenlisted for a period of 5 years and a targeted selective reenlistment bonus (TSRB). He served in two campaigns and departed Iraq on 14 February 2004 for Fort Campbell.
4. On 5 November 2006, he was honorably discharged under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) due to disability with severance pay. He had served 4 years,
6 months, and 24 days of active service. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he was awarded the Purple Heart, National Defense Service Medal, GWOTEM, Global War on Terrorism Service Medal, Army Service Ribbon, Overseas Service Ribbon and the Combat Infantryman Badge.
5. Army Regulation 600-8-22 (Military Awards) states the ICM is awarded to members who have 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 through 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 service members qualified for 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant served two campaigns in Iraq and is entitled to have his GWOTEM exchanged for the award of the ICM with two bronze service stars.
2. Accordingly, his award of the GWOTEM should be deleted from his DD Form 214 and the award of the ICM with two bronze service stars added to his
DD Form 214.
BOARD VOTE:
____X____ ___X_____ __X______ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 deleting the award of the GWOTEM from his DD Form 214 and adding the award of the ICM with two bronze service stars to his DD Form 214.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20130002329
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