IN THE CASE OF:
BOARD DATE: 7 July 2015
DOCKET NUMBER: AR20140019778
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) to show award of the Iraq Campaign Medal (ICM).
2. The applicant states:
* the award did not exist when he separated from the Army
* he participated in Operations Desert Spring/Enduring Freedom/Iraqi Freedom from 1 September 2002 in Kuwait through 26 May 2003 in Iraq
* he wants the Global War on Terrorism Expeditionary Medal (GWOTEM) converted to the ICM with the appropriate service stars
3. The applicant provides his 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 14 July 1999 and trained as an armor crewman.
3. His DD Form 214 shows he participated in Operations Desert Spring/Enduring Freedom/Iraqi Freedom and he served in Kuwait and Iraq from 1 September 2002 to 26 August 2003.
4. On 13 July 2004, he was honorably released from active duty.
5. His DD Form 214 shows he was awarded or authorized the:
* Korea Defense Service Medal
* Army Commendation Medal (2nd Award)
* Army Achievement Medal (2nd Award)
* Presidential Unit Citation (Army)
* Army Good Conduct Medal
* National Defense Service Medal
* Armed Forces Expeditionary Medal (AFEM) (Operation Desert Spring)
* GWOTEM
* Global War on Terrorism Service Medal (GWOTSM)
* Army Service Ribbon
* Army Lapel Button
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The AFEM is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations. Qualifying service for this award includes participation in Operation Desert Spring during the period 31 December 1998 to 18 March 2003.
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 (AOE) encompasses all foreign land, water, and air spaces outside the 50 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. Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.
c. Initial award of the GWOTEM was limited to service members deployed abroad in support of Operations Enduring Freedom/Iraqi Freedom in designated specific geographic AOE, including Kuwait.
d. The ICM is awarded to members of the Armed Forces of the United States who served in direct support of Operation Iraqi Freedom. The AOE 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)
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant was awarded the GWOTEM for his service in Iraq from 19 March 2003 to 26 August 2003. However, he may be awarded either the GWOTEM or the ICM, not both, in recognition of his service in Iraq.
2. Per his request to convert his GWOTEM to the ICM, it would be appropriate to delete award of the GWOTEM from his DD Form 214 and add award of the ICM with two bronze service stars.
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 deleting award of the GWOTEM from his DD Form 214 and replacing it with 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) AR20140019778
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ABCMR Record of Proceedings (cont) AR20140019778
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