IN THE CASE OF: BOARD DATE: 25 September 2012 DOCKET NUMBER: AR20120004634 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). 2. He states he believes the oversight was due to a simple error. 3. He 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 13 September 1995. He served 8 years, 2 months, and 18 days and was honorably discharged on 30 November 2003. 3. His DD Form 214 shows in: * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the: * Army Commendation Medal * Army Achievement Medal (4th Award) * Army Good Conduct Medal * National Defense Service Medal (2nd Award) * Armed Forces Service Medal * Army Service Ribbon * NATO Medal with bronze service star * Kosovo Campaign Medal with bronze service star * item 18 (Remarks) the entries of: * Service in Iraq 20030228 to 20030822 * Service in Kosovo 20001105 to 20010515 * Service in Bosnia 19980905 to 19981208 4. Information provided by the Defense Finance and Accounting Service (DFAS) verified that the applicant received hostile fire pay/imminent danger pay and a combat zone tax exemption during the following periods and countries: * "19900907 through 19981211, Bosnia Herzegovina" * "20011127 through 20010606, Macedonia" * "20030310 through 20030823, Kuwait" 5. Army Regulation 600-8-22 (Military Awards) states: a. the ICM is awarded to members who have served in direct support of Operation Iraqi Freedom (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 to 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) b. service members qualified for the Global War on Terrorism Expeditionary Medal (GWOTEM) (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 the Global War on Terrorism operations outside of the designated AOE on or after 11 September 2001 to a future date to be determined. 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 evidence of record shows the applicant was deployed to Kuwait/Iraq in support of Operation Iraqi Freedom from 28 February 2003 to 22 August 2003. Based on his service in Kuwait/Iraq, he is eligible for award of the GWOTEM or 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. Since he prefers award of the ICM, his DD Form 214 should be amended to reflect this award. 2. The evidence of record also shows he was on active duty on 11 September 2001 for more than 30 days; therefore, he is eligible for award of the GWOTSM and correction of his DD Form 214 to show 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 amending item 13 of his DD Form 214 to add award of the ICM with two bronze service stars and the 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) AR20120004634 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120004634 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1