IN THE CASE OF: BOARD DATE: 4 February 2016 DOCKET NUMBER: AR20150005683 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 award of the "Operation Iraqi Freedom Ribbon Medal," taken to mean the Iraq Campaign Medal (ICM). 2. The applicant states he served in theater from April 2003 to September 2003. 3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) and DD Form 215 (Correction to 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. With prior active duty service, he enlisted in the Army National Guard on 6 June 2002 and was called to active duty for the period 3 February 2003 through 1 May 2004 with service in Iraq from 10 April 2003 to 24 September 2003. 3. On 26 June 2007, in concert with his request for correction of his records, the applicant was notified that he was eligible for either the Global War on Terrorism Expeditionary Medal (GWOTEM) or the ICM for qualifying service in recognition for his service in Iraq. He was also informed that if he did not respond with his decision on these medals then, his records would be corrected to show award of the GWOTEM. The applicant did not respond within the given time frame. 4. On 2 August 2007, the ABCMR corrected the applicant's records to show his awards included of the Army Commendation Medal, GWOTEM, and added his period of service in Iraq to his DD Form 214. The ABCMR denied the applicant's request for the ICM in addition to the GWOTEM. 5. Army Regulation 600-8-22 (Military Awards) 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 through 31 December 2011. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or meet other specified criteria. Only one award of the ICM may be authorized for any individual, and under no condition will personnel or units receive the ICM, the GWOTEM, Global War on Terrorism Service Medal, Afghanistan Campaign Medal, or Armed Forces Expeditionary Medal for the same action, time period, or service. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns during his service in Iraq are: * Liberation of Iraq (19 March 2003-1 May 2003) * Transition of Iraq (2 May 2003-28 June 2004) 6. Army Regulation 635-5 (Separation Documents), as then in effect, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. For item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) list all awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Each entry will be verified by the Soldier's records and abbreviations are not to be used. DISCUSSION AND CONCLUSIONS: 1. An individual is not authorized both the GWOTEM and ICM for the same action, time period, or service. In 2008, a DD Form 215 added the GWOTEM to his DD Form 214 for the period ending 1 May 2004, based on the presumption at the time that he preferred the GWOTEM to the ICM. He now indicates that he prefers to have the ICM shown on his amended DD Form 214. 2. Evidence shows he participated in direct support of OIF during two campaigns. As such, he qualifies for the ICM with two bronze service stars and it would be appropriate to amend his record as shown below. BOARD VOTE: ____X____ ___X_____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined 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 the GWOTEM from the DD Form 215, dated 4 April 2008 and b. adding the ICM with two bronze service stars to his DD Form 214 for the period ending 1 May 2004. _______ _ _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) AR20150005683 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005683 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1