IN THE CASE OF: BOARD DATE: 7 January 2016 DOCKET NUMBER: AR20150005704 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 Iraq Campaign Medal. 2. The applicant was notified, by separate correspondence, that he could not receive both the Global War on Terrorism Expeditionary Medal and the Iraq Campaign Medal for the same period of service. He amended his request to elect to receive the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal. 3. The applicant states he served during Operation Iraqi Freedom from 3 April through 12 September 2003, which is shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty). 4. The applicant provides a copy of 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 served on active duty from 15 November 1983 through 30 April 2004, attaining the rank of sergeant first class. 3. The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows service in Iraq from 3 April through 12 September 2003. 4. His DD Form 214 shows – a. service in Southwest Asia during three periods: * 15 August 1990 through 20 March 1991 * 30 October through 20 December 1995 * 3 April through 12 September 2003 b. award of: * Bronze Star Medal * Meritorious Service Medal (2nd Award) * Army Commendation Medal (7th Award) * Army Achievement Medal (4th Award) * Army Good Conduct Medal (6th Award) * Korea Defense Service Medal * National Defense Service Medal (2nd Award) * Global War On Terrorism Expeditionary Medal * Global War On Terrorism Service Medal * Southwest Asia Service Medal with 2 bronze service stars * Army Service Ribbon * Overseas Service Ribbon (4th award) * Kuwait Liberation Medal (Kuwait) * Kuwait Liberation Medal (Saudi Arabia) * Expert Marksmanship Qualification Badge with Rifle Bar 5. Army Regulation 600-8-22 (Military Awards) states: a. The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined. b. The Iraq Campaign Medal is authorized to Soldiers who served in direct support of Operation Iraqi Freedom or Operation New Dawn from 19 March 2003 to 31 December 2011. The area of eligibility encompasses all land area of the country of Iraq, and 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. c. Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal (GWOTEM) was no longer authorized for service in Iraq; however, service members who qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 30 April 2005 in an area for which the Iraq Campaign Medal was subsequently authorized remain qualified for the Global War on Terrorism Expeditionary 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; however, no service member shall be entitled to award of the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal for the same act, achievement, or period of service. d. A bronze service star is authorized for wear on Iraq Campaign Medal for the following periods – * 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 DISCUSSION AND CONCLUSIONS: 1. The applicant's request for award of the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal is authorized and should be granted. 2. With the granting of this conversion to the Iraq Campaign Medal and based on his period of service in Iraq, he is authorized to wear two bronze service stars on this medal. 3. His DD Form 214 should be amended by deleting the Global War on Terrorism Expeditionary Medal and adding the Iraq Campaign Medal 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 the Global War on Terrorism Expeditionary Medal from his authorized awards on the DD Form 214; and b. adding the Iraq Campaign Medal with two bronze service stars to his authorized awards on the DD Form 214. __________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) AR20150005704 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005704 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1