IN THE CASE OF:
BOARD DATE: 27 May 2014
DOCKET NUMBER: AR20130017674
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 reconsideration of his request for the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.
2. The applicant states his mobilization orders show he is qualified.
3. The applicant provides copies of his 2003 DD Form 214 (Certificate of Release or Discharge from Active Duty); mobilization orders, dated 23 January 2003; release from active duty orders (REFRAD), dated 13 November 2003; and the Record of Proceedings of the previous consideration of his request.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120006491 on 2 October 2012.
2. The applicant enlisted in the United States Army Reserve (USAR) on 31 May 1983, and has served continuously until he was transferred to the Retired Reserve on 7 June 2012.
3. On 28 May 2008, he was ordered to active duty in support of Operation Enduring Freedom. He served on active duty for 11 months and
23 days. He was honorably REFRAD and returned to his USAR unit. The 20 May 2009 DD Form 214 issued to the applicant shows no overseas service in item 12f (Foreign Service). It neither includes the Global War on Terrorism Expeditionary Medal (GWOTEM) in the list of authorized awards nor documents deployment to Iraq in item 18 (Remarks).
4. On 12 November 2010, the applicant was ordered to active duty in support of Operation Enduring Freedom. He served on active duty for 1 year, 1 month, and 9 days until being honorably REFRAD and returned to his USAR unit.
5. An item 18 entry on his 2 December 2011 DD Form 214 shows he was deployed to Afghanistan from 8 December 2010 to 5 November 2011. There is no record of a deployment to Iraq. The DD Form 214 includes the Afghanistan Campaign Medal with one bronze service star and GWOTEM in the list awards.
6. Defense Finance and Accounting Service (DFAS) records showed the applicant received imminent danger pay/hostile fire pay (IDP/HFP) for Afghanistan from 5 December 2010 through 30 November 2011. DFAS had no record that he ever received IDP/HFP for Iraq.
7. The ABCMR granted him two service stars for wear on the Afghanistan Campaign medal and his DD Form 214 was corrected by the issuance of a DD Form 215 (Correction to DD Form 214), dated 3 December 2012. The ICM in lieu of the GWOTEM was denied.
8. In the current reconsideration case:
a. The applicant submitted a copy of his 22 December 2003 DD Form 214. It does not show the GWOTEM or the ICM as authorized. However, it does show, "Service in Kuwait and Iraq 20030413 to 20031116" as a remark in item 18.
b. DFAS confirmed in a 30 October 2003 email that the applicant had received HF/IDP for service in Iraq during the period 14 April through 22 December 2003.
9. Army Regulation 600-8-22 (Military Awards) states:
a. Soldiers who qualified for the GWOTEM by 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.
b. the ICM is authorized for 30 consecutive or 60 non-consecutive days of service in the Iraq area of eligibility (ACE) during the qualifying period 19 March 2003 through 31 December 2011;
c. 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)
10. A DD Form 215, dated 1 December 2005 has been issued to show the Army Commendation Medal with Oak Leaf Cluster to his 2003 DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant qualified for the GWOTEM by his service in Iraq between 13 April 2003 and 16 November 2003 but it was not included on his DD Form 214, dated 22 December 2003.
2. Replacement of the GWOTEM with the ICM is now authorized.
3. When the original ABCMR case was considered in October 2012, the 2003 DD Form 214 apparently was not available and it was not clear how the applicant had qualified for the GWOTEM.
4. Now, it is appropriate to place the ICM on his 2003 and 2008 DD Forms 214 and to replace the GWOTEM with the ICM on the applicant's 2011 DD Form 214.
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 amendment of the ABCMRs decision in Docket Number AR20120006491, dated 2 October 2012. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. issuing a DD Form 215 to add the ICM with two bronze service stars to his 2003 DD Form 214;
b. issuing a DD Form 215 to add the ICM with two bronze service stars to his 2008 DD Form 214;
c. issuing a DD Form 215 to delete the GWOTEM from his 2011 DD Form 214 and to add the ICM with two bronze service stars.
_______ _ _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) AR20130017674
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ABCMR Record of Proceedings (cont) AR20130017674
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