IN THE CASE OF:  	  

		BOARD DATE:  23 July 2015	  

		DOCKET NUMBER:  AR20140019826 


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 add the Global War on Terrorism Service Medal and the Iraq Campaign Medal.  

2.  The applicant states the Global War on Terrorism Expeditionary Medal and Global War on Terrorism Service Medal were not listed in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214.  Nevertheless, he is entitled to both these awards but opts to receive the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for his service in Iraq.  He would like to have his DD Form 214 updated so he has proof of his service in Iraq and is entitled to receive the benefits and recognition that go along with that service, including the right to wear the Iraq Campaign Medal on his dress uniform.  

3.  The applicant provides:

* Permanent Orders (PO) Number 127-87, dated 7 May 2003
* Memorandum for Record, dated 2 October 2003
* DD Form 214
* Article from "Armyawards.com" about the Iraq Campaign Medal, dated 
15 August 2006




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 18 January 2001, held military occupational specialty 11B (Infantryman), and attained the rank/grade of specialist (SPC)/E-4.

3.  He was honorably released from active duty on 17 January 2004.  His DD Form 214 shows he completed 3 years of net active service, of which 7 months and 4 days were credited as foreign service.  This form also shows he was deployed to Iraq from 17 March 2003 to 20 October 2003 in support of Operation Iraqi Freedom.  Item 13 of his DD Form 214 shows he was awarded or authorized the:

* Army Commendation Medal
* Army Achievement Medal (3rd Award)
* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Combat Infantryman Badge
* Parachutist Badge

4.  His record lacks any derogatory information that could have precluded him from being recommended for or awarded the AGCM.

5.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Global War on Terrorism Service Medal 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 Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.  

	b.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 31 December 2011.  Under no condition will personnel or units receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns during the applicant's period of serve are the Liberation of Iraq (19 March 2003-1 May 2003) and the Transition of Iraq (2 May 2003-28 June 2004).

	c.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reason of 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.

	d.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

DISCUSSION AND CONCLUSIONS:

1.  Based on his service in Iraq, the applicant is entitled to either the Global War on Terrorism Expeditionary Medal or the Iraq Campaign Medal.  He has indicated he wishes to have the Iraq Campaign Medal reflected on his DD Form 214 vice the Global War on Terrorism Expeditionary Medal.  Additionally, the evidence of record shows he participated in two campaigns while serving in Iraq.  Therefore, he is entitled to correction of his DD Form 214 to add the Iraq Campaign Medal with two bronze service stars.

2.  He served a qualifying period for award of the Global War on Terrorism Service Medal; therefore, he is entitled to correction of his DD Form 214 to add this award.

3.  His DD Form 214 did not list the Army Good Conduct Medal, nor did his record contain any indication that his commander denied him this award.  He served for a period of 3 years and was honorably released from active duty.  Therefore, he met the criteria for award of the Army Good Conduct Medal (1st Award) for the period 18 January 2001 to 17 January 2004 and is entitled to correction of his DD Form 214 add this award.

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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period for the period 18 January 2001 to 17 January 2004; and

	b.  adding to item 13 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Global War on Terrorism Service Medal
* Iraq Campaign Medal 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)                                         AR20140019826



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140019826



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1