BOARD DATE: 12 December 2013
DOCKET NUMBER: AR20130007021
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 the DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the "Operation Iraqi Freedom" medal, properly known as the Iraq Campaign Medal.
2. The applicant states his expiration term of service date was during the middle of his deployment and he left prior to the award being made.
3. The applicant provides his DD Form 214, two memoranda, and a certificate.
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 1 April 1998 and he held military occupational specialty 13B (Cannon Crewmember). He served in Iraq from 26 April to 24 September 2003 while assigned to the 2nd Squadron, 2nd Armored Cavalry Regiment.
3. He was honorably released from active duty on 31 March 2004 and he was transferred to the U.S. Army Reserve. He completed 6 years of creditable active service.
4. The DD Form 214 he was issued shows, in part, the Global War on Terrorism Expeditionary Medal.
5. Army Regulation 600-8-22 (Military Awards) states the:
a. Iraq Campaign Medal 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 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. 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.
6. 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 26 April to 24 September 2003. 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 at this time.
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) AR20130007021
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