IN THE CASE OF:
BOARD DATE: 20 October 2015
DOCKET NUMBER: AR20150001976
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 the Iraq Campaign Medal (ICM) in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM).
2. The applicant states he was in the theater of operations from February 2003 to February 2004.
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 11 July 2001.
3. He served in Kuwait and Iraq from 16 February 2003 to 16 February 2004.
4. He was honorably released from active duty on 5 September 2005. His DD Form 214 shows the GWOTEM among his awards.
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom. 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 to 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)
* Transition of Iraq (2 May 2003-28 June 2004)
b. Service members who 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 evidence of record shows the applicant was deployed to Kuwait and Iraq from 16 February 2003 to 16 February 2004.
2. Based on his service in Iraq, he is eligible for award of the GWOTEM and the ICM with two bronze service stars. However, regulation precludes receipt of both of GWOTEM and ICM awards for the same act, achievement, or period of service.
3. Since he has elected award of the ICM, it would be appropriate to amend his DD Form 214 by deleting the GWOTEM and adding 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 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. deleting from his DD Form 214 the GWOTEM; and
b. adding to his DD Form 214 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) AR20150001976
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