IN THE CASE OF:
BOARD DATE: 16 October 2014
DOCKET NUMBER: AR20140003226
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 9 September 2004 to show the Iraq Campaign Medal (ICM).
2. The applicant states his DD Form 214 includes the Global War on Terrorism Expeditionary Medal (GWOTEM) and the Global War on Terrorism Service Medal. He contends that he spent 60 non-consecutive days in Kuwait and Iraq.
3. The applicant provides a DD Form 214 for the period ending 9 September 2004 and an internet article which outlines the criteria for 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 entered active duty as a member of the Illinois Army National Guard (ILARNG) on 3 February 2003.
3. He was released from active duty on 9 September 2004. His DD Form 214 for this period of service shows he served in Kuwait from 18 April 2003 to 24 July 2004. His DD Form 214 also shows he was awarded the GWOTEM.
4. The Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 18 April 2003 to 24 July 2004.
5. There is no evidence in the applicant's records of additional deployments in support of Operation Enduring Freedom (OEF) or Operation Iraqi Freedom (OIF).
6. A memorandum issued by the ILARNG, dated 13 May 2005, shows he was awarded the ICM for service during the period 3 February-25 July 2004.
7. The case analyst attempted to contact the applicant via email and telephone regarding his desire to have his DD Form 214 corrected to show the ICM in lieu of the GWOTEM. No response was received.
8. Army Regulation 600-8-22 (Military Awards) states:
a. The ICM is awarded to members who have served in direct support of 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 ICM period of eligibility is on or after 19 March 2003 through 31 December 2011.
b. The GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. The general area of eligibility 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. Initial award of the GWOTEM was limited to service members deployed abroad in support of OEF and OIF in designated specific geographic areas of eligibility, including Iraq and Kuwait.
c. 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's request for correction of his DD Form 214 to show the ICM has been carefully considered.
2. The evidence shows the applicant served in Kuwait/Iraq from 18 April 2003 to
24 July 2004. There is no evidence of additional deployments in support of OEF or OIF. Therefore, it is presumed he was awarded the GWOTEM for the period 18 April 2003 to 24 July 2004. As a result, his DD Form 214 should not be amended to show the ICM given that he would be receiving the ICM and the GWOTEM for the same act, achievement, or period of service.
3. Based on the foregoing, unless he agrees to deletion of the GWOTEM, there is no basis to grant the requested relief at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ___x____ ___x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20140003226
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ABCMR Record of Proceedings (cont) AR20140003226
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