BOARD DATE: 27 May 2014
DOCKET NUMBER: AR20130016482
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) for the period ending 16 December 2004 to show award of the Iraq Campaign Medal (ICM).
2. The applicant states he served in Iraq from 29 April 2003 to 7 November 2003.
3. The applicant provides:
* DD Form 214 for the period ending 16 December 2004
* service personnel records
* information pertaining to the ICM
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 ordered to active duty from the Army National Guard on 10 February 2003 in support of Operation Enduring Freedom. He served in Iraq from 29 April 2003 to 7 November 2003. On 16 December 2004, he was released from active duty.
3. His DD Form 214 for this period shows he was authorized or awarded the:
* Army Commendation Medal
* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal (2nd Award)
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Southwest Asia Service Medal with three bronze service stars
* Armed Forces Reserve Medal with 10-Year Device and "M" Device
* Noncommissioned Officers Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Army Reserve Components Overseas Training Ribbon (2nd Award)
* Kuwait Liberation Medal
* Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
4. On 2 May 2014, the applicant was notified by separate correspondence that he may be awarded either the GWOTEM or the ICM, not both, in recognition of his service in Iraq. He requested award of the ICM and elected to have the GWOTEM removed from his DD Form 214.
5. Army Regulation 600-8-22 (Military Awards) states the ICM is awarded to members of the Armed Forces of the United States 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 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 Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or ICM. All Soldiers 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 authorized award of the ICM with two bronze service stars. Therefore, his DD Form 214 for the period ending 16 December 2004 should be corrected to show this award.
2. He served a period of qualifying service for award of the GWOTSM. Therefore, his DD Form 214 for the period ending 16 December 2004 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:
a. deleting award of the GWOTEM from his DD Form 214 for the period ending 16 December 2004 and
b. adding award of the ICM with two bronze service stars and GWOTSM to this DD Form 214 for the period ending 16 December 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.
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