IN THE CASE OF:
BOARD DATE: 20 May 2014
DOCKET NUMBER: AR20130016476
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 of Release or Discharge from Active Duty) to show award of the:
* Iraq Campaign Medal (ICM)
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Global War on Terrorism Service Medal (GWOTSM)
2. He states he was deployed to Kuwait/Iraq from 24 March 2003 to 10 June 2003 and he is entitled to the ICM and the GWOTEM.
3. He provides a self-authored statement and his 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. After having prior service in the Army National Guard, the applicant enlisted in the Regular Army on 15 August 2000. He was honorably discharged on 30 April 2004 due to disability.
3. His DD Form 214 shows he was awarded or authorized the:
* Army Achievement Medal (4th Award)
* Army Commendation Medal with "V" Device
* Army Good Conduct Medal
* National Defense Service Medal
* Kosovo Campaign Medal
* NATO Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle (M-16) and Grenade Bars
4. Item 18 (Remarks) of his DD Form 214 shows he served in Kosovo from 15 September 2000 to 17 April 2001 and in Kuwait/Iraq from 1 March 2003 to 10 June 2003.
5. On 7 May 2014, a member of the ABCMR staff contacted the applicant to inform him that by regulation, both the ICM and GWOTEM could not be awarded for the same period of service in Iraq and he would have to elect only one of these awards for his Iraq service. On the same date, the applicant responded and stated he preferred award of the ICM.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The ICM is awarded to members who 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 ICM 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. Approved campaigns include:
* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
b. Service members who qualified for award of 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.
c. The GWOTSM is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the GWOTEM, Afghanistan Campaign Medal, or ICM. All Soldiers serving on active duty on or after 11 September 2001 to a date to be determined, having served 30 consecutive or 60 nonconsecutive days, are authorized award of the GWOTSM.
DISCUSSION AND CONCLUSIONS:
1. Based on the applicant's service in Iraq, he is eligible for award of the ICM with two bronze service stars or the GWOTEM. However, regulatory guidance precludes receipt of both the ICM and GWOTEM for the same act, achievement, or period of service.
2. He was informed that he would have to elect award of the ICM or the GWOTEM. He elected award of the ICM. Therefore, his DD Form 214 should be corrected to show award of the ICM with two bronze service stars.
3. The evidence of record shows he served on active duty on 11 September 2001 and for more than 30 days; therefore, he is authorized award of the GWOTSM and his DD Form 214 should be corrected to show this award.
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
adding award of the ICM with two bronze service stars and the GWOTSM to his DD Form 214 for the period ending 30 April 2004.
______________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) AR20130016476
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ABCMR Record of Proceedings (cont) AR20130016476
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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