IN THE CASE OF:
BOARD DATE: 28 July 2015
DOCKET NUMBER: AR20140020469
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) with a separation date of 3 May 2005 to show he was awarded the Iraq Campaign Medal (ICM).
2. The applicant states:
* he served for one year in Iraq in support of Operation Iraqi Freedom (OIF) and was never issued the ICM
* he willingly gave his time away from his family in defense of the U.S. and he wants his record to reflect what he is very proud of accomplishing
3. The applicant provides a copy of 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.
2. The applicant had prior service with the North Carolina Army National Guard (NCARNG). On 3 February 1998, he extended his enlistment in the NCARNG.
3. On 25 July 2000, the applicant received his notification of eligibility for retired pay at age 60.
4. On 12 January 2004, he received Orders 006-079 from the State of North Carolina, Office of the Adjutant General, Raleigh, NC for active duty service from 15 January 2004 - 13 January 2006; however, on 13 April 2005, Orders 068-186 changed his period of active duty service from 15 January 2004 - 3 May 2005.
5. On 3 May 2005, he was honorably released from active duty by reason of completion of required active duty service.
6. His DD Form 214, item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons awarded or Authorized) shows he was awarded the:
* Army Achievement Medal
* Meritorious Unit Commendation
* Army Reserve Components Achievement Medal (6th Award)
* National Defense Service Medal (2nd Award)
* Global War On Terrorism Expeditionary Medal (GWOTEM)
* Global War on Terrorism Service Medal (GWOTSM)
* Southwest Asia Service Medal with 3 bronze service stars
* Humanitarian Service Medal (2nd Award)
* Armed Forces Reserve Medal
* Kuwait Liberation Medal
* Kuwait Liberation Medal -Kuwait
* Driver and Mechanic Badge with Driver-W Bar
* Noncommissioned Officer Professional Development Ribbon
7. Item 18 (Remarks) of his DD Form 214 shows he was ordered to active duty in support of OIF and served in a imminent danger area in Iraq from
17 March 2004 to 27 March 2005.
8. His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows that on 1 November 2005, he was honorably discharged from the NCARNG and transferred to the Retired Reserve. He completed 25 years, 8 months, and 12 days of net service.
9. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The ICM is awarded to members who have served in direct support of Operation Iraqi Freedom. The areas of eligibility (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 include the:
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records show he served on active duty in Iraq from
17 March 2004 to 27 March 2005 and participated in two campaigns; therefore, he is entitled to the ICM with two bronze service stars on his DD Form 214.
2. Pursuant to Army Regulation 600-8-22, the applicant is not authorized the GWOTEM for the same period of service as the ICM.
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:
* amending his DD Form 214 with a separation date of 3 May 2005 to show he was awarded the ICM with two bronze service stars
* deleting the GWOTEM from his DD Form 214
___________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) AR20130011819
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