IN THE CASE OF:
BOARD DATE: 2 December 2014
DOCKET NUMBER: AR20140006386
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, in effect, that he be awarded the Iraq Campaign Medal (ICM) in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM).
2. The applicant states, in effect, that he was awarded the GWOTEM for his service in Iraq because the ICM was not approved at the time of his separation and he desires to be awarded the ICM instead of the GWOTEM.
3. The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and DD Form 215 (Correction of 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. The applicant enlisted in the Regular Army on 31 July 2002 for a period of 3 years, training as a bridge crewman and a cash enlistment bonus. He completed his one-station unit training at Fort Leonard Wood, Missouri and was transferred to Germany on 1 December 2002.
3. The applicant deployed to Iraq during the period 20030319 20031030 and served in three campaigns.
4. On 19 November 2004, he was honorably discharged due to hardship. He had served 2 years, 3 months, and 19 days of active service and his DD Form 214 issued at the time of his discharge reflects that he was awarded the National Defense Service Medal, Army Service Ribbon, GWOTEM, and Global War on Terrorism Service Medal.
5. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (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 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 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)
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he is authorized to trade the GWOTEM for award of the ICM with three bronze service stars has been noted and found to have merit.
2. The applicant served during three campaigns in Iraq and is entitled to be awarded the ICM with three bronze service stars in lieu of the GWOTEM and to have it added to his DD Form 214.
3. Accordingly, his award of the GWOTEM should be deleted from his DD Form 214 and replaced with the ICM with three bronze service stars
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
* Adding the award of the ICM with three bronze service stars and issuing him an authorization for issuance of a medal set
_____________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) AR20140006386
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ABCMR Record of Proceedings (cont) AR20140006386
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