IN THE CASE OF: BOARD DATE: 17 December 2013 DOCKET NUMBER: AR20130005962 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, the Iraq Campaign Medal (ICM) in lieu of his already-awarded Global War on Terrorism Expeditionary Medal (GWOTEM). 2. The applicant states that he served in Iraq from 28 March 2003 to 2 April 2004 and he was not awarded the ICM. He has been denied veteran' benefits because the award is not listed on his DD Form 214. At the time of his discharge in 2004 he was not aware the ICM was available. 3. The applicant provides deployment orders and proof of service. 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. On 7 June 2001, the applicant accepted an appointment as a Reserve Commissioned Officer in the grade of second lieutenant. 3. On 19 November 2004, he was honorably discharged by reason of disability with severance pay. His DD Form 214 shows he served on active duty from 7 June 2001 to 19 November 2004. 4. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 indicates he is authorized the GWOTEM. 5. Item 18 (Remarks) of his DD Form 214 contains an entry indicating he served in Iraq from 1 April 2003 to 30 March 2004 in support of Operation Iraqi Freedom (OIF). 6. He provided deployment orders and proof of service showing he served in Iraq with the 2nd Squadron, 2nd Armored Cavalry Regiment from 28 March 2003 to 2 April 2004. 7. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, and similar devices awarded in recognition of accomplishments. It states: a. The ICM is awarded to members who have served in direct support of 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. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns include the: * Liberation of Iraq (19 March 2003-1 May 2003) * Transition of Iraq (2 May 2003-28 June 2004) b. 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 operations on or after 11 September 2001 to a date to be determined. The general area of eligibility encompasses all foreign land, water, and air spaces outside the fifty 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. Initial award of the GWOTEM was limited to service members deployed abroad in OEF and OIF in designated specific geographic areas of eligibility, including Afghanistan, Iraq, Jordan, and Kuwait. c. 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's DD Form 214 shows he served a qualifying period of service in Iraq for award of the GWOTEM and the ICM. 2. The regulation states no service member will be entitled to both the ICM and the GWOTEM for the same period of service. However, a service member may request to be issued the ICM in lieu of the GWOTEM. 3. The applicant has, in effect, requested the ICM in lieu of the GWOTEM Medal. Therefore, the GWOTEM should be deleted from item 13 of his DD Form 214. 4. Based on the period he served in Iraq, as indicated on his DD Form 214, he participated in the two campaigns. Therefore, he is authorized the Iraq Campaign Medal with two bronze service stars. This medal should be added to item 13 of his DD Form 214. 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 amending item 13 of his DD Form 214 with a separation date of 19 November 2004 by: * deleting the Global War on Terrorism Expeditionary Medal * 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) AR20130005962 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130005962 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1