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ARMY | BCMR | CY2013 | 20130004007
Original file (20130004007.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:  24 September 2013

		DOCKET NUMBER:  AR20130004007 


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 records to show award of the Iraq Campaign Medal (ICM) for his first deployment to Kuwait/Iraq during the period 16 February 2004-14 February 2005 and the Global War on Terrorism Expeditionary Medal (GWOTEM) for his second deployment to Kuwait during the period 28 October 2010-6 August 2011.

2.  The applicant states he should have been awarded the ICM with appropriate service stars for his first tour in Iraq, but the medal had not been fully authorized.  He was awarded the GWOTEM.  Accordingly, he desires to be awarded the ICM for his first deployment and the GWOTEM for his second deployment.

3.  The applicant provides copies of his DD Forms 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant was serving in the Ohio Army National Guard when he was ordered to active duty in support of Operation Iraqi Freedom (OIF) on 18 December 2003.  He deployed to Kuwait/Iraq during the period 16 February 2004-14 February 2005.  He returned to Camp Atterbury, Indiana, where he was honorably released from active duty (REFRAD) on 16 March 2005 due to completion of required service.  He was awarded the GWOTEM for his deployment to Kuwait/Iraq.

2.  On 20 September 2010, he was ordered to active duty in support of Operation Enduring Freedom (OEF) and deployed to Kuwait during the period 28 October 2010-6 August 2011.  He returned to Camp Atterbury, Indiana, where he was honorably REFRAD on 28 August 2011 due to completion of required service.

3.  Army Regulation 600-8-22 (Military Awards) states service members who 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.

4.  Army Regulation 600-8-22 states the ICM is awarded to members who served in direct support of 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 – 6 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

5.  Army Regulation 600-8-22 states the GWOTEM 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.  Initial award of the GWOTEM was limited to service members deployed abroad in support of OEF and OIF in designated specific geographic areas of eligibility, including Kuwait.

DISCUSSION AND CONCLUSIONS:

1.  The applicant participated in two campaigns during a qualifying period for award of the ICM during his first deployment from 16 February 2004-14 February 2005.  He was awarded the GWOTEM because the ICM had not been approved for issue at the time.  However, the applicant is authorized to exchange award of the GWOTEM for award of the ICM with two bronze service stars.

2.  Inasmuch as he deployed to Kuwait a second time, he is authorized award of the GWOTEM for that tour as well.

3.  Accordingly, he should be awarded the ICM with two bronze service stars for his first tour in Iraq and the GWOTEM for his second tour in Kuwait.

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:

* deleting award of the GWOTEM from his DD Form 214 for the period ending 16 March 2005
* adding award of the ICM with two bronze service stars to his DD Form 214 for the period ending 16 March 2005
* adding award of the ICM with two bronze service stars to his DD Form 214 for the period ending 28 August 2011



      _______ _  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)                                         AR20130004007



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ABCMR Record of Proceedings (cont)                                         AR20130004007



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