IN THE CASE OF: BOARD DATE: 1 August 2013 DOCKET NUMBER: AR20130000370 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) for the period ending 22 March 2005 to show award of the Iraq Campaign Medal. 2. The applicant states he should have been awarded the Iraq Campaign Medal which was not included on his 2005 DD Form 214. He believes this was an oversight. 3. The applicant provides a copy of his 2005 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 Pennsylvania Army National Guard on 31 May 2001. He entered active duty for training on 25 February 2002. He completed training and was awarded military occupational specialty 92Y (Unit Supply Specialist). He was released from active duty for training on 3 July 2002. 3. He was ordered to active duty in support of Operation Iraq Freedom as a member of his Army National Guard unit and entered active duty on 9 January 2004. 4. He was honorably released from active duty on 22 March 2005. His DD Form 214 for this period of service shows he was awarded or authorized the: * Purple Heart * Army Commendation Medal * National Defense Service Medal * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Armed Forces Reserve Medal with "M" Device * Army Service Ribbon 5. Item 18 (Remarks) of this DD Form 214 shows he served in Iraq from 7 March 2004 through 17 February 2005. 6. 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. 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) b. Service members who 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. 7. Attempts to contact the applicant to ascertain if he was willing to give up the Global War on Terrorism Expeditionary Medal in favor of the Iraq Campaign Medal were unsuccessful. DISCUSSION AND CONCLUSIONS: 1. The available evidence shows the applicant completed a qualifying period of service for award of the Iraq Campaign Medal. However, the same period of service establishing eligibility for the Global War on Terrorism Expeditionary Medal cannot be used to justify service eligibility for the Iraq Campaign Medal. 2. In order for his DD Form 214 for the period ending 22 March 2005 to be corrected to show award of the Iraq Campaign, he must request a correction of his records to show award of the Iraqi Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal. In the absence of such a request, he is not entitled to correction to his DD Form 214 to show award of the Iraq Campaign Medal. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X___ ____X___ ___X__ _ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ 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) AR20130000370 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130000370 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1