IN THE CASE OF: BOARD DATE: 27 January 2015 DOCKET NUMBER: AR20140009742 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 (ICM). 2. He states he served with the 1st Armored Division in Baghdad, Iraq, from 27 April through 25 July 2003. He did not receive either the Global War on Terrorism Expeditionary Medal (GWOTEM) or the ICM. He is now requesting the ICM, which was not issued until after he separated from the military. 3. He provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) and his Honorable Discharge Certificate. 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 26 October 1999, the applicant enlisted in the Regular Army. He served in military occupational specialty 02E (Trombone Player). 3. His records contain an Army Achievement Medal (AAM) Certificate, dated 21 September 2001, showing he was awarded the AAM by permanent orders for his meritorious achievement as a member of the 1st Armored Division Band during closing ceremonies in Bad Kreuznach, Germany, from 25 to 27 May 2001. 4. On 25 October 2003, he was honorably released from active duty. His DD Form 214 shows in: * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – National Defense Service Medal, Army Service Ribbon, and Overseas Service Ribbon * item 18 (Remarks) – "SERVED IN IRAQ 20030427-20030725" 5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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 Liberation of Iraq (19 March 2003-1 May 2003) and Transition of Iraq (2 May 2003-28 June 2004). b. 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. c. The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the GWOTEM, Afghanistan Campaign Medal, or ICM. All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM. DISCUSSION AND CONCLUSIONS: 1. The applicant is eligible for the ICM based on his service in Iraq and he participated in two campaigns. Therefore, he is entitled to correction of his DD Form 214 to show the ICM with two bronze service stars. 2. Permanent orders awarded him the AAM. He is entitled to correction of his DD Form 214 to show this award. 3. He completed a period of service making him eligible for the GWOTSM. He is also entitled to correction of his DD Form 214 to show the GWOTSM. 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 adding to his DD Form 214 the AAM, ICM with two bronze service stars, and GWOTSM. _______ _ __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) AR20140009742 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140009742 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1