IN THE CASE OF: BOARD DATE: 14 February 2017 DOCKET NUMBER: AR20150014621 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 IN THE CASE OF: BOARD DATE: 14 February 2017 DOCKET NUMBER: AR20150014621 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: * deleting the Global War on Terrorism Expeditionary Medal from his DD Form 214 * adding 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. IN THE CASE OF: BOARD DATE: 14 February 2017 DOCKET NUMBER: AR20150014621 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. 2. The applicant states he was in Iraq from June 2003 to December 2003 with the 1st Cavalry Division. He never received the Iraq Campaign Medal. 3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty). 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 3 August 1999. He held military occupational specialty 11B (Infantryman). He served through multiple reenlistments in a variety of assignments, including: * Kuwait, from 15 April 2000 to 21 August 2000 * Iraq, from 15 June 2003 to 15 December 2003 * Korea, from January 2004 to January 2005 3. He was discharged under the provisions of chapter 14 of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) with a general discharge. His DD Form 214 records his service in Iraq from 15 June 2003 to 15 December 2003. His DD Form 214 shows he was awarded or authorized the: * Army Commendation Medal (3rd Award) * Army Achievement Medal (3rd Award) * Army Good Conduct Medal (2nd Award) * Armed Forces Expeditionary Medal * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Korean Defense Service Medal * Noncommissioned Officer Professional Development Ribbon (2nd Award) * Army Service Ribbon * Overseas Service Ribbon (2nd Award) * Combat Infantryman Badge * Expert Infantryman Badge * Marksman Marksmanship Qualification Badge with Rifle Bar 4. An email, dated 10 June 2016, from the Defense Finance and Accounting Service confirmed the applicant received hostile fire/imminent danger pay for service in Kuwait from 11 September 2003 to 20 December 2003. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (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 Iraq Campaign Medal 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 Transition of Iraq (2 May 2003 to 28 June 2004). 2. Army Regulation 600-8-22 states service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 28 February 2005 in an area for which the Iraq Campaign Medal was subsequently authorized will remain qualified for that medal. Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal 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 serviced in Kuwait/Iraq from June (or September) 2003 through December 2003. He was recognized for this service by being awarded the Global War on Terrorism Expeditionary Medal. The Iraq Campaign Medal did not exist at the time. When the Iraq Campaign Medal was created, around 2005, it was authorized to members who served in Iraq and met other criteria. 2. Those members who qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, remain qualified for that medal. Upon application, any such member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service. However, no service member will be entitled to both medals for the same act, achievement, or period of service. 3. Based on the regulatory guidance and his application, it appears the applicant requests removal of the Global War on Terrorism Expeditionary Medal from his DD Form 214 and award of the Iraq Campaign Medal with one bronze service star for the same period of service in Iraq. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014621 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014621 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2