IN THE CASE OF: BOARD DATE: 15 November 2016 DOCKET NUMBER: AR20150014318 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ___x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 15 November 2016 DOCKET NUMBER: AR20150014318 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _____________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. IN THE CASE OF: BOARD DATE: 15 November 2016 DOCKET NUMBER: AR20150014318 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Iraq Campaign Medal (ICM). 2. The applicant states he doesn't disagree with the discharge, but he is requesting award of the ICM that was issued during his active duty service and is not shown on his discharge document. 3. The applicant provides: * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) * DD Form 214 * ICM Fact Sheet 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 2 January 2003. He served in Iraq from 2 August 2003 to 5 April 2004. On 6 June 2006, he was honorably discharged by reason of disability with severance pay. 3. His DD Form 214 shows he was awarded or authorized the: * Army Commendation Medal * Army Good Conduct Medal * National Defense Service Medal * Global War on Terrorism Expeditionary Medal (GWOTEM) * Global War on Terrorism Service Medal * Army Service Ribbon REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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 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. Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM. b. Initial award of the GWOTEM was limited to service members deployed abroad in support of Operations Enduring Freedom/Iraqi Freedom in designated specific geographic AOE, including Iraq. c. The ICM is awarded to members of the Armed Forces of the United States who served in direct support of Operation Iraqi Freedom. The AOE 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 are: * 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) d. Service members who qualified for award of 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 applicant's request for award of the ICM was noted. However, the evidence shows he was awarded the GWOTEM for his service in Iraq from 2 August 2003 to 5 April 2004. 2. He may be awarded either the GWOTEM or the ICM with one bronze service star, not both, in recognition of his service in Iraq. The governing regulation states that service members who qualified for award of 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014318 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014318 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2