IN THE CASE OF:	  

		BOARD DATE:	  25 February 2014

		DOCKET NUMBER:  AR20130010722 


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 or Release or Discharge from Active Duty) to add the Iraq Campaign Medal.  He further requests issuance of a new DD Form 214.

2.  The applicant states, in effect, he would like a new DD Form 214 so that all of his awards are listed on one document and he would like to be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.  He further stated that in accordance with Army Regulation 600-8-22 (Military Awards), section 2-17, "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."

3.  The applicant provides his DD Form 214 and DD Form 215 (Correction to DD Form 214).

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 16 April 2002 and held military occupational specialty 63B (Light Wheel Vehicle Mechanic).  His Enlisted Record Brief (ERB) shows he was assigned to the 615th Combat Support Battalion (Ground Maintenance), Fort Hood, TX.

3.  His record contains a certificate for award of the Army Achievement Medal which shows Permanent Orders (PO) Number 210-02, issued by the 615th Aviation Support Battalion, 1st Calvary Division, Fort Hood TX, on 26 August 2005 awarded the Army Achievement Medal for service from 16 April 2002 to 
3 June 2005.  

4.  He was honorably released from active duty on 3 June 2005.  His DD Form 214, as amended by two subsequently-issued DD Forms 215, show he completed 3 years, 1 month, and 18 days of net active service, of which 1 year and 3 days was credited as foreign service in Iraq from 1 March 2004 to 3 March 2005.  These forms also show he was authorized or awarded the:

* Army Commendation Medal
* Army Good Conduct Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Meritorious Unit Commendation
* Combat Action Badge
* Driver and Mechanic Badge with Driver-W Bar
* Driver and Mechanic Badge with Mechanic Bar
* Army Lapel Button

5.  Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (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 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 (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)

6.  Army Regulation 600-8-22 states the Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) 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.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant appears to have read the portion of Army Regulation 600-8-22 pertaining to award of the Iraq Campaign Medal.  Therefore, it appears he understood that no service member is entitled to both the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal for the same period of service and the service member may request award of the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.

2.  The evidence of record shows the applicant served in Iraq from 1 March 2004 to 3 March 2005 and participated in two campaigns.  Therefore, he is entitled to correction of his DD Form 214 to delete the Global War on Terrorism Expeditionary Medal and replace it with the Iraq Campaign Medal with two bronze campaign stars. 

3.  PO awarded him the Army Achievement Medal; however, this award was not listed on his DD Form 214 or either of his subsequently-issued DD Forms 215.  Therefore, he is entitled to correction of his DD Form 214 to add this award.

4.  He has already been issued two DD Forms 215; therefore, he should be issued a new DD Form 214 to ensure all the corrections to the DD Form 214 are captured on one document.

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:

* voiding his previously-issued DD Form 214 and DD Forms 215
* issuing him a new DD Form 214 to include all the changes annotated on his two DD Forms 215 to include:

* deleting from his DD Form 214 the Global War on Terrorism Expeditionary Medal and replacing it with the Iraq Campaign Medal with two bronze campaign stars
* adding to his DD Form 214 the Army Achievement Medal




      _______ _   __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)                                         AR20130010722





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ABCMR Record of Proceedings (cont)                                         AR20130010722



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