IN THE CASE OF:
BOARD DATE: 27 January 2015
DOCKET NUMBER: AR20140009742
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 award of the Iraq Campaign Medal (ICM).
2. He states he served with the 1st Armored Division in Baghdad, Iraq, from 27 April through 25 July 2003. He did not receive either the Global War on Terrorism Expeditionary Medal (GWOTEM) or the ICM. He is now requesting the ICM, which was not issued until after he separated from the military.
3. He provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) and his Honorable Discharge Certificate.
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. On 26 October 1999, the applicant enlisted in the Regular Army. He served in military occupational specialty 02E (Trombone Player).
3. His records contain an Army Achievement Medal (AAM) Certificate, dated 21 September 2001, showing he was awarded the AAM by permanent orders for his meritorious achievement as a member of the 1st Armored Division Band during closing ceremonies in Bad Kreuznach, Germany, from 25 to 27 May 2001.
4. On 25 October 2003, he was honorably released from active duty. His DD Form 214 shows in:
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) National Defense Service Medal, Army Service Ribbon, and Overseas Service Ribbon
* item 18 (Remarks) "SERVED IN IRAQ 20030427-20030725"
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It 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. 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) and Transition of Iraq (2 May 2003-28 June 2004).
b. 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.
c. 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 (AOE) designated for award of the GWOTEM, 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 days or 60 nonconsecutive days are authorized the GWOTSM.
DISCUSSION AND CONCLUSIONS:
1. The applicant is eligible for the ICM based on his service in Iraq and he participated in two campaigns. Therefore, he is entitled to correction of his DD Form 214 to show the ICM with two bronze service stars.
2. Permanent orders awarded him the AAM. He is entitled to correction of his DD Form 214 to show this award.
3. He completed a period of service making him eligible for the GWOTSM. He is also entitled to correction of his DD Form 214 to show the GWOTSM.
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 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 to his DD Form 214 the AAM, ICM with two bronze service stars, and GWOTSM.
_______ _ __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) AR20140009742
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140009742
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110018442
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Global War on Terrorism Expeditionary Medal (GWOTEM) and Iraq Campaign Medal (ICM) for his service in support of Operation Enduring Freedom in Kuwait and Iraq. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) of his DD Form 214 shows award of the: * Army Commendation Medal * National Defense...
ARMY | BCMR | CY2008 | 20080013396
The applicant provides a copy of his DD Form 214, a copy of his ARCOM and AAM orders, and a copy of his GWOTEM award in support of his application. Therefore, the applicant's record should be corrected to show award of the ICM with two bronze service stars as the more representative medal of his service in Iraq. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding the ARCOM and AAM to the applicant's 15 January...
ARMY | BCMR | CY2012 | 20120009116
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the: * Combat Infantryman Badge (CIB) * Army Commendation Medal (ARCOM) * Army Achievement Medal (AAM) * Any other awards for his combat service in Iraq 2. In an email, dated 6 November 2012, a member of the Board's staff informed the applicant that by regulation, both the...
ARMY | BCMR | CY2009 | 20090009011
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his separation document to show award of the Iraq Campaign Medal (ICM) and Global War on Terrorism Service Medal (GWOTSM). Records show the applicant qualified for award of the GWOTEM for his service in support of the Global War on Terrorism in the AOE (i.e., Iraq).
ARMY | BCMR | CY2013 | 20130012890
The applicant requests correction of item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Iraq Campaign Medal (ICM) and Global War on Terrorism Expeditionary Medal (GWOTEM). Approved campaigns include: * Liberation of Iraq (19 March 2003-1 May 2003) * Transition of Iraq (2 May 2003-28 June 2004) c. Service members qualified for the GWOTEM by reason of service between...
ARMY | BCMR | CY2008 | 20080012304
The applicant requests that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her service in Iraq and award of the Army Achievement Medal (AAM). The available evidence shows that the applicant served in Kuwait/Iraq during the period from 19 February - 12 June 2003, for a total of 3 months and 22 days. The applicant had a qualifying period of service for award of the GWOTSM.
ARMY | BCMR | CY2011 | 20110015025
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Iraq Campaign Medal (ICM) and the Global War on Terrorism Expeditionary Medal (GWOTEM), both of which he believes he rightfully earned. d. 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 the Global War on Terrorism operations outside of the designated...
ARMY | BCMR | CY2013 | 20130016476
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. Based on the applicant's service in Iraq, he is eligible for award of the ICM with two bronze service stars or the GWOTEM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2011 | 20110002986
e. The 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 (AOE) designated for award of the GWOTEM, ACM, or ICM. The applicant's record does not show he served in a specified geographic area of operation during a specified time period designated for award of the AFEM. As a result, the Board recommends denial of so much of the application that pertains to adding to...
ARMY | BCMR | CY2011 | 20110001905
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the: * Army Achievement Medal (AAM) * Army Commendation Medal (ARCOM) * Global War on Terrorism Expeditionary Medal (GWOTEM) * Iraq Campaign Medal (ICM) 2. Evidence shows that he served a qualifying period of service in Kuwait for award of the GWOTEM. Therefore, his DD Form 214 should be corrected to show his period of foreign service.