IN THE CASE OF: BOARD DATE: 24 November 2015 DOCKET NUMBER: AR20150004348 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, in effect, correction of his DD Forms 214 (Certificate of Release or Discharge from Active Duty) ending in 2004 and 2014 by removing the Global War on Terrorism Expeditionary Medal (GWOTEM) and replacing it with the Iraq Campaign Medal (ICM) with two bronze service stars. 2. The applicant states he served in Iraq from 2003 to 2004 for a period of 11 months and 1 day. 3. The applicant provides copies of: * Orders 050-722, Fort Campbell, Kentucky, dated 19 February 2003 (first page only) * Personnel List showing Order 058-432, dated 27 February 2003, amended Orders 050-722, dated 19 February 2003 * DD Form 214 for the period ending 16 September 2004 * DD Form 214 for the period ending 13 December 2014 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's DD Form 214 ending 16 September 2004 shows: a. he served in Iraq during the period from 27 February 2003 to 27 January 2004 (11 months and 1 day); and b. he was awarded the GWOTEM. 3. The applicant's DD Form 214 ending on 13 December 2014 also shows award of the GWOTEM, but neither DD Form 214 shows award of the ICM with two bronze service stars. 4. Army Regulation 600-8-22 (Military Awards): a. This regulation states 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 a future date to be determined by the Secretary of Defense or the cessation of OIF. 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. This regulation states 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 contends that his DD Forms 214 should be corrected by removing the GWOTEM and adding the ICM with two bronze service stars. 2. The evidence of record clearly shows the applicant served in Iraq during two campaigns. Furthermore, the governing regulation provides him the option of exchanging his GWOTEM for the ICM, which he now desires. Therefore, the GWOTEM should be removed from his DD Forms 214 and the ICM with two bronze service stars should be added. 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 deleting the Global War on Terrorism Expeditionary Medal from both of his DD Forms 214 and adding the 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) AR20070016793 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004348 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1