IN THE CASE OF:
BOARD DATE: 17 December 2013
DOCKET NUMBER: AR20130005962
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, in effect, the Iraq Campaign Medal (ICM) in lieu of his already-awarded Global War on Terrorism Expeditionary Medal (GWOTEM).
2. The applicant states that he served in Iraq from 28 March 2003 to 2 April 2004 and he was not awarded the ICM. He has been denied veteran' benefits because the award is not listed on his DD Form 214. At the time of his discharge in 2004 he was not aware the ICM was available.
3. The applicant provides deployment orders and proof of service.
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 7 June 2001, the applicant accepted an appointment as a Reserve Commissioned Officer in the grade of second lieutenant.
3. On 19 November 2004, he was honorably discharged by reason of disability with severance pay. His DD Form 214 shows he served on active duty from
7 June 2001 to 19 November 2004.
4. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 indicates he is authorized the GWOTEM.
5. Item 18 (Remarks) of his DD Form 214 contains an entry indicating he served in Iraq from 1 April 2003 to 30 March 2004 in support of Operation Iraqi Freedom (OIF).
6. He provided deployment orders and proof of service showing he served in Iraq with the 2nd Squadron, 2nd Armored Cavalry Regiment from 28 March 2003 to 2 April 2004.
7. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, and similar devices awarded in recognition of accomplishments. It states:
a. The ICM is awarded to members who have 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 include the:
* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
b. 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. The general area of eligibility encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.
Initial award of the GWOTEM was limited to service members deployed abroad in OEF and OIF in designated specific geographic areas of eligibility, including Afghanistan, Iraq, Jordan, and Kuwait.
c. 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's DD Form 214 shows he served a qualifying period of service in Iraq for award of the GWOTEM and the ICM.
2. The regulation states no service member will be entitled to both the ICM and the GWOTEM for the same period of service. However, a service member may request to be issued the ICM in lieu of the GWOTEM.
3. The applicant has, in effect, requested the ICM in lieu of the GWOTEM Medal. Therefore, the GWOTEM should be deleted from item 13 of his DD Form 214.
4. Based on the period he served in Iraq, as indicated on his DD Form 214, he participated in the two campaigns. Therefore, he is authorized the Iraq Campaign Medal with two bronze service stars. This medal should be added to item 13 of his DD Form 214.
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 amending item 13 of his DD Form 214 with a separation date of 19 November 2004 by:
* deleting the Global War on Terrorism Expeditionary Medal
* adding the Iraq Campaign Medal with two bronze service stars
_______ _ 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) AR20130005962
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130005962
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140003226
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 9 September 2004 to show the Iraq Campaign Medal (ICM). His DD Form 214 for this period of service shows he served in Kuwait from 18 April 2003 to 24 July 2004. As a result, his DD Form 214 should not be amended to show the ICM given that he would be receiving the ICM and the GWOTEM for the same act, achievement, or period of service.
ARMY | BCMR | CY2013 | 20130004972
Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service. Therefore, he is entitled to the ICM with two bronze service stars for his service in support OIF. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 for the period ending 30 March 2013 the Iraq Campaign Medal with two bronze service stars.
ARMY | BCMR | CY2011 | 20110018899
The applicant's DD Form 214 shows he was honorably released from active duty on 15 August 2003 and transferred to his USAR unit based on completion of required active service. Records also show the applicant qualified for award of the ICM in lieu of the GWOTEM based on his service in Iraq. There is no evidence the applicant qualified for or was awarded any other awards or decorations.
ARMY | BCMR | CY2011 | 20110018442
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Global War on Terrorism Expeditionary Medal (GWOTEM) and Iraq Campaign Medal (ICM) for his service in support of Operation Enduring Freedom in Kuwait and Iraq. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) of his DD Form 214 shows award of the: * Army Commendation Medal * National Defense...
ARMY | BCMR | CY2012 | 20120010044
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Iraq Campaign Medal and Combat Action Badge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Global War on Terrorism Expeditionary Medal from item 13 of his 30 June 2005 DD Form 214; and b. adding the following awards to item 13 of his 30 June 2005 DD Form 214: * Iraq Campaign...
ARMY | BCMR | CY2013 | 20130004007
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. 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...
ARMY | BCMR | CY2014 | 20140004283
The applicant states that after he was released from active duty (REFRAD), on 17 March 2005, the Iraq Campaign Medal (ICM) and the Overseas Service Ribbon (OSR) were authorized for retroactive award during the period of his active duty service. The evidence of record shows the applicant qualified for and was authorized award of the OSR for completing an overseas tour in support of OIF. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2011 | 20110015025
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Iraq Campaign Medal (ICM) and the Global War on Terrorism Expeditionary Medal (GWOTEM), both of which he believes he rightfully earned. d. The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated...
ARMY | BCMR | CY2011 | 20110015404
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all the awards to which he was entitled. The evidence of record shows the applicant was deployed to Iraq from 12 May to 10 November 2007 and from 15 October 2009 to 3 August 2010. Based on his deployed service in Iraq, he should have been awarded the ICM with two bronze service stars since only one award of this medal may be authorized for any individual.
ARMY | BCMR | CY2012 | 20120018393
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank/grade as staff sergeant (SSG)/ E-6 and that his authorized awards include the Iraq Campaign Medal (ICM) with service stars. Approved campaigns included: * Liberation of Iraq (19 March 2003 - 1 May 2003) * Transition of Iraq (2 May 2003 - 28 June 2004) c. Service members qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005, in an...