IN THE CASE OF: BOARD DATE: 18 February 2016 DOCKET NUMBER: AR20150006812 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 Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Global War on Terrorism Expeditionary Medal (GWOTEM). 2. The applicant states he elected to receive the Iraq Campaign Medal (ICM) in lieu of the GWOTEM for his initial deployment to Iraq during the period 15 August 2004 to 13 January 2006. Then, he deployed to Iraq on his second tour (in 2008). On 15 November 2009, he sought to rescind his previous decision and requested that the ICM (for his initial deployment) be converted to the GWOTEM; however, he did not receive a response to his request. He adds that he has read that the action he previously requested (and he is now seeking) is authorized. 3. The applicant provides copies of his two DD Forms 214 and a DA Form 4187 (Personnel Action). 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 Army National Guard (ARNG) of the United States (ARNGUS) and Texas ARNG (TXARNG) on 20 November 2002 for a period of 8 years. 3. A DD Form 214 shows the applicant was ordered to active duty for training (ADT) on 15 September 2003, honorably released from ADT on 5 March 2004, and transferred to a TXARNG unit. He had completed 5 months and 21 days of net active service this period. It also shows in: * item 11 (Primary Specialty): 19K1O, M1 Armor Crewman * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): Army Service Ribbon 4. A DD Form 214 shows the applicant was ordered to active duty on 15 August 2004, honorably released from active duty (REFRAD) on 13 January 2006, and transferred to a TXARNG unit. He had completed 1 year, 4 months and 29 days of net active service this period that included 11 months and 4 days of foreign service. It also shows in: * item 8a (Last Duty Assignment and Major Command): Company B, 111th Engineer Battalion, U.S. Army Forces Command (FORSCOM) * item 13 – * Army Commendation Medal * Army Good Conduct Medal * National Defense Service Medal * Army Service Ribbon * Armed Forces Reserve Medal with "M" Device * Global War on Terrorism Service Medal * ICM * item 18 (Remarks), in pertinent part, "Soldier Served in an Imminent Danger Pay Area in Iraq from 6 January 2005 to 9 December 2005" 5. A DD Form 214 shows the applicant was ordered to active duty on 28 August 2008, honorably REFRAD on 29 October 2009, and transferred to a TXARNG unit. He had completed 1 year, 2 months and 2 days of net active service this period that included 9 months and 5 days of foreign service. It also shows in: * item 8a: Battery C, 3rd Battalion, 133rd Field Artillery, FORSCOM * item 13 (and continued in item 18) – * ICM with 2 Bronze Service Stars * Army Commendation Medal (2nd Award) * Army Achievement Medal * Army Good Conduct Medal * Army Reserve Components Achievement Medal * National Defense Service Medal * Global War on Terrorism Service Medal * Army Service Ribbon * Overseas Service Ribbon (2nd Award) * Armed Forces Reserve Medal with "M" Device * Driver and Mechanic Badge with Driver – Wheeled Vehicles Clasp * item 18, in pertinent part, "Service in Kuwait/Iraq 20081115–20090819" (15 November 2008 to 19 August 2009) 6. Texas Military Forces, ARNG, Adjutant General's Department, Austin, TX, Orders 053-1092, dated 22 February 2010, honorably discharged the applicant from the ARNG on 28 January 2010 and transferred him to the U.S. Army Reserve Control Group (Annual Training), St. Louis, MO. 7. In support of his request the applicant provides a copy of DA Form 4187, dated 15 November 2009, that shows, in pertinent part, he requested his award of the ICM be converted to the GWOTEM for his service in Iraq during the period of his active duty from 15 August 2004 to 13 January 2006. Section V (Certification/Approval/ Disapproval) is blank (no entries). 8. A review of the applicant's military personnel records reveals he may be entitled to additional awards that are not shown on his DD Forms 214. 9. A Promotion Worksheet, completed on or about 13 January 2006, pertaining to the applicant and signed by his first sergeant/commander, shows he qualified Sharpshooter with the M16A2 Rifle on 12 October 2005. 10. Three Headquarters, 56th Brigade Combat Team, Fort Worth, TX, memoranda for record, two dated 1 December 2005 and one dated 31 January 2009, show the Brigade Adjutant/Commander, respectively, confirmed the applicant's entitlement to the: * Army Reserve Components Achievement Medal (from 20 November 2002 to 19 November 2005) * Overseas Service Ribbon (5 January 2005 to 1 [sic] December 2005) * ICM with 2 Bronze Service Stars for the following campaigns – * Iraqi Governance (6 January 2005 – 9 December 2005) * National Resolution (28 November 2008 – 15 August 2009) 11. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism (GWOT) operations on or after 11 September 2001 to a date to be determined. The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the 50 states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense. (1) Service members who qualified for the GWOTEM by reason of service before 30 April 2005 in Iraq shall remain qualified for the medal. Any such Soldier may be awarded the ICM in lieu of the GWOTEM for such service. (2) Soldiers who elect to receive the GWOTEM in lieu of the ICM are not authorized bronze service stars for those campaigns in which the GWOTEM is awarded. b. The ICM is authorized for award to members of the Armed Forces of the United States who served in direct support of Operation Iraqi Freedom. The AOE encompasses all land area of the country of Iraq and 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. (1) The ICM period of eligibility is on or after 19 March 2003 to 31 December 2011 (the cessation of OIF). (2) A bronze service star is authorized with this service medal for each Iraq campaign a member is credited with participating in. During the applicant's two periods of service in Iraq, participation credit was awarded for the following campaigns: * Iraqi Governance (29 June 2004 - 15 December 2005) * Iraqi Surge (10 January 2007 - 31 December 2008) * Iraqi Sovereignty (1 January 2009 - 31 August 2010) c. The Overseas Service Ribbon (OSR) is awarded for successful completion of overseas tours. According to the U.S. Army Human Resources Command, Awards and Decorations Branch, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense. Soldiers who serve 11 cumulative months in a 24-month period or 9 continuous months in Iraq or Afghanistan receive credit for a completed short tour. d. The marksmanship qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. DISCUSSION AND CONCLUSIONS: 1. The applicant contends, in effect, his DD Forms 214 should be corrected to show award of the GWOTEM (in lieu of the ICM) for his initial deployment to Iraq. 2. Records show the applicant served in: * Iraq from 6 January 2005 to 9 December 2005 * Kuwait/Iraq from 15 November 2008 to 19 August 2009 a. The evidence of record shows the applicant qualified for award of the GWOTEM for his service in Iraq during the period 6 January 2005 to 9 December 2005. However, the evidence of record shows he elected the ICM in lieu of the GWOTEM for this period of service. He now requests the GWOTEM in lieu of the ICM. The governing Army regulation authorizes the GWOTEM for this period of service in Iraq. Thus, his records should be corrected to show award of the GWOTEM (and that his ICM is rescinded) for this period of service. b. The evidence of record also shows he qualified for the ICM with two bronze service stars for his service in Iraq from 15 November 2008 to 19 August 2009. This decoration is correctly listed on his 29 October 2009 DD Form 214. 3. The evidence of record shows the applicant: * qualified Sharpshooter with the M16A2 Rifle on 12 October 2005 * was awarded the Army Reserve Components Achievement Medal for the period 20 November 2002 to 19 November 2005 * qualified for the OSR for the period 5 January 2005 to 9 December 2005 a. His 13 January 2006 DD Form 214 does not show the: * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Army Reserve Components Achievement Medal * OSR b. His 29 October 2009 DD Form 214 does not show the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 4. In view of the foregoing, it would be appropriate to correct the applicant's DD Forms 214 to show his awards and decorations, as recommended below. 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. correcting item 13 of his 13 January 2006 DD Form 214 by – * deleting the "Iraq Campaign Medal" * adding the – * Global War on Terrorism Expeditionary Medal * Army Reserve Components Achievement Medal * Overseas Service Ribbon * Sharpshooter Marksmanship Qualification Badge with Rifle Bar b. correcting item 13 of his 29 October 2009 DD Form 214 by adding the – * Global War on Terrorism Expeditionary Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar _________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) AR20150006812 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006812 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1