IN THE CASE OF:
BOARD DATE: 15 October 2013
DOCKET NUMBER: AR20130003373
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 27 May 2004 to show the Iraq Campaign Medal.
2. The applicant states he served in Iraq from April 2003 to April 2004 and the Iraq Campaign Medal was awarded retroactively.
3. The applicant provides his DD Form 214 and two pages titled Iraq Campaign Medal.
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 a U.S. Army Reserve (USAR) sergeant and he held military occupational specialty 88M (Motor Transport Operator). On 11 February 2003, he entered active duty as a member of his USAR unit in support of Operation Iraqi Freedom (OIF).
3. He served in Kuwait/Iraq from 20 April 2003 to 22 April 2004 while assigned to the 629th Transportation Company.
4. He was honorably released from active duty on 27 May 2004 to the control of his USAR unit. He completed 1 year, 3 months, and 17 days of creditable active service during this period of service.
5. The DD Form 214 he was issued for this period of service shows, in part, the Global War on Terrorism Expeditionary Medal.
6. Army Regulation 600-8-22 (Military Awards) states:
a. The Iraq Campaign Medal is awarded to members who served in direct support of OIF. The Iraq Campaign Medal 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.
b. The Global War on Terrorism Expeditionary Medal 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. Service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal. Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service. No service member will be entitled to both medals for the same act, achievement, or period of service.
7. Attempts to contact the applicant to determine his award preference were unsuccessful.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant was awarded the Global War on Terrorism Expeditionary Medal for his service in Iraq from 20 April 2003 to 22 April 2004. Although, the Iraq Campaign Medal was subsequently authorized for service in Iraq, no service member is entitled to both the Global War on Terrorism Expeditionary Medal and the Iraq Campaign Medal for the same period of service. Therefore, he is not entitled to the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ ___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) AR20130003373
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ABCMR Record of Proceedings (cont) AR20130003373
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