IN THE CASE OF:
BOARD DATE: 17 October 2013
DOCKET NUMBER: AR20130003506
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 award of the Iraq Freedom Medal (apparently he means the Iraq Campaign Medal (ICM)).
2. The applicant states he received the Army Commendation Medal (ARCOM) for meritorious achievement during Operation Iraqi Freedom.
3. The applicant provides:
* Orders for the ARCOM
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* DA Form 638 (Recommendation for Award)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
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 19 January 1995 and trained as a food service specialist. He was honorably discharged on 20 December 2003 for completion of required active service.
3. His DD Form 214 shows he was awarded or authorized the:
* ARCOM
* North Atlantic Treaty Organization Medal
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
4. Item 18 (Remarks) of his DD Form 214 shows he served in Southwest Asia from 23 March 2003 to 15 June 2003.
5. The Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for Kuwait from 23 March 2003 through 15 June 2003.
6. He provides orders for the ARCOM for meritorious achievement during Operation Iraqi Freedom for the period 20 March 2003 to 1 June 2003. His unit is shown as Headquarters Battery, 1st Battalion, 14th Field Artillery, 214th Field Artillery Brigade.
7. 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)
8. 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 participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or ICM. All Soldiers on active duty, on or after 11 September 2001 to a date to be determined, having served 30 consecutive or 60 nonconsecutive days are authorized award of the GWOTSM.
DISCUSSION AND CONCLUSIONS:
1. Since evidence shows the applicant's field artillery unit was deployed to Southwest Asia in support of Operation Iraqi Freedom, it is reasonable to presume this unit was located in Iraq. Therefore, his ARCOM orders that show he participated in Operation Iraqi Freedom from 20 March 2003 to 1 June 2003 are accepted as sufficient evidence in which to base award of the ICM with two bronze service stars. Therefore, his DD Form 214 should be corrected to show this award.
2. He also served a period of qualifying service for entitlement to the GWOTSM. Therefore, his DD Form 214 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 the ICM with two bronze service stars and GWOTSM to his DD Form 214.
____________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) AR20130003506
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130003506
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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