BOARD DATE: 8 June 2017 DOCKET NUMBER: AR20160000898 BOARD VOTE: ___x______ ___x____ ___x_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 8 June 2017 DOCKET NUMBER: AR20160000898 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 award of the Global War on Terrorism Expeditionary Medal from his DD Form 214 and b. adding award of the Iraq Campaign Medal with one bronze service star to his 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. BOARD DATE: 8 June 2017 DOCKET NUMBER: AR20160000898 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 military service records to show award of the Iraq Campaign Medal (ICM) in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM). 2. The applicant states he was awarded the GWOTEM for service in Iraq from 7 May 2003 to 15 April 2004. At the time, the ICM was in the process of being created. When the ICM was approved, it was authorized for service in Iraq retroactive to 19 March 2003. When he was released from active duty (REFRAD), he was not offered the opportunity to accept the ICM in lieu of the GWOTEM. The GWOTEM is not readily (easily) recognized for service in Iraq and he would like his records corrected to avoid the confusion. 3. The applicant provides no additional evidence. 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 Regular Army on 8 May 2002. 3. Section VIII (Awards and Decorations) of the applicant's Enlisted Record Brief, dated 18 May 2006, does not reflect award of the ICM. 4. He was honorably released from active duty on 7 June 2006. 5. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 4 years and 1 month of credible active service of which 3 years, 6 months, and 23 days were foreign service. a. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the following awards: * Army Commendation Medal * Valorous Unit Award * Army Good Conduct Medal * National Defense Service Medal * GWOTEM * Global War on Terrorism Service Medal * Army Service Ribbon * Overseas Service Ribbon b. Item 18 (Remarks) shows he served in Iraq from 7 May 2003 to 15 April 2004. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The ICM is awarded to members who have 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 ICM period of eligibility is on or after 19 March 2003 through 31 December 2011. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns during the applicant's period of service include the Transition of Iraq (2 May 2003-28 June 2004). b. Service members who 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: 1. The evidence of record shows the applicant was awarded the GWOTEM for his service in Iraq from 7 May 2003 to 15 April 2004. 2. Regulatory guidance allows Soldiers to elect the ICM in lieu of the previously awarded GWOTEM as the representative medal for service in Iraq. 3. Based on the regulatory guidance and his application to this board he has elected the award of the ICM. Therefore, he is entitled to the ICM with one bronze service star for his service in support of Operation Iraqi Freedom. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000898 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000898 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2