IN THE CASE OF:
BOARD DATE: 4 March 2014
DOCKET NUMBER: AR20130011816
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 that he be awarded the Iraq Campaign Medal (ICM) in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM).
2. The applicant states that he desires to be awarded the ICM in lieu of the GWOTEM.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a memorandum requesting award of the ICM in lieu of the GWOTEM.
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 was serving as a U.S. Army Reserve (USAR) first sergeant when he was ordered to active duty in support of Operation Enduring Freedom on 15 March 2003. He deployed to Iraq during the period 7 June 2003 through
1 May 2004 and served in one campaign.
3. On 15 June 2004, he was honorably released from active duty (REFRAD) due to completion of required active service. The DD Form 214 he was issued at the time of his REFRAD shows he was awarded the GWOTEM.
4. Army Regulation 600-8-22 (Military Awards) states the ICM is awarded to members who have 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 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 include:
* Transition of Iraq (2 May 2003-28 June 2004)
5. Army Regulation 600-8-22 states 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 served in one campaign in Iraq and was awarded the GWOTEM for that service and is entitled to exchange that award for the ICM with one bronze service star.
2. Accordingly, the award of the GWOTEM should be deleted from his DD Form 214 and replaced with the ICM with one bronze service star.
BOARD VOTE:
____x___ ___x_____ ___x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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:
* Deleting the award of the GWOTEM from his DD Form 214 for the period ending 15 June 2004
* Adding the ICM with one bronze service star to his DD Form 214 for the period ending 15 June 2004
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_____________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) AR20130011816
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ABCMR Record of Proceedings (cont) AR20130011816
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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