BOARD DATE: 20 July 2017 DOCKET NUMBER: AR20160001342 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: 20 July 2017 DOCKET NUMBER: AR20160001342 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 amending his 20 August 2004 DD Form 214 by: a. deleting award of the Global War on Terrorism Expeditionary Medal and b. adding award of the Iraq Campaign Medal with three bronze service stars and Overseas Service Ribbon. _____________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: 20 July 2017 DOCKET NUMBER: AR20160001342 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) for the period ending 20 August 2004 to show the Iraq Campaign Medal and any other awards to which he is entitled. 2.  The applicant states that during his 2003 to 2004 deployment, which was the invasion and post-invasion of Iraq, many of the medals, ribbons, or awards were not available because they had not been created. 3.  The applicant provides his 20 August 2004 DD Form 214.6 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 Illinois Army National Guard on 19 November 1998. He was ordered to initial active duty for training on 27 July 1999. He was honorably released from training on 3 December 1999 to the control of his Army National Guard unit. His DD Form 214 for this period shows his authorized awards as the Army Service Ribbon, Expert Marksmanship Qualification Badge with Grenade Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with Pistol Bar. 3.  On 4 October 2001, he was ordered to active duty in support of Operation Noble Eagle and completed his duty on 30 November 2001. The DD Form 214 he was issued for this period shows his authorized awards as the Army Service Ribbon, Army Reserve Components Overseas Training Ribbon (1st Award), and Illinois State Active Duty Ribbon (1st Award) 4.  On 10 February 2003, he was ordered to active duty in support of Operation Enduring Freedom and subsequently served in Iraq from 29 April 2003 to 10 July 2004. He was honorably released from active duty on 20 August 2004. His DD Form 214 for this period shows his authorized awards as the Army Commendation Medal, Army Achievement Medal, Army Reserve Components Achievement Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Armed Forces Reserve Medal with "M" Device, Army Service Ribbon, and Army Reserve Components Overseas Training Ribbon (2nd Award). 5.  His DA Form 2-1 (Personnel Qualification Record - Part II) shows he served overseas in Nicaragua, Germany, Iraq, Poland, and Italy. The Iraq Campaign Medal is listed in item 9 (Awards, Decorations, and Campaigns) along with other awards, decorations, and campaigns. 6.  On 4 August 2008, he was ordered to active duty in support of Operation Enduring Freedom and subsequently served in Afghanistan from 23 October 2008 to 22 August 2009. He was honorably released from active duty on 20 August 2004. His DD Form 214 for this period shows his authorized awards as the Afghanistan Campaign Medal with bronze service star, North Atlantic Treaty Organization Medal (Afghanistan), Meritorious Service Medal, Army Commendation Medal, Army Achievement Medal, Joint Meritorious Unit Award, Meritorious Unit Commendation, Army Reserve Components Achievement Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal with bronze service star, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon (2nd Award), Army Reserve Components Overseas Training Ribbon (4th Award), Armed Forces Reserve Medal with "M" Device, and Combat Action Badge. 7.  Orders 049-372 published on 18 February 2010 discharged him from the Army National Guard and as a Reserve of the Army effective 15 February 2010. 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. 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 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) 2. Army Regulation 600-8-22 states service 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 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. 3. Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours. According to the Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense. Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan receive credit for a completed short tour. DISCUSSION: 1. The evidence of record shows the applicant was ordered to active duty in support of Operation Enduring Freedom on 10 February 2003 and served in Iraq from 29 April 2003 to 10 July 2004. He served a qualifying period in Iraq for the Global War on Terrorism Expeditionary Medal or the Iraq Campaign Medal with three bronze service stars and the Overseas Service Ribbon. His DD Form 214 for the period ending 20 August 2004 reflects the Global War on Terrorism Expeditionary Medal. 2. Although the applicant is eligible for both the Global War on Terrorism Expeditionary Medal and the Iraq Campaign Medal with three bronze service stars, the Military Awards regulation precludes receipt of both of these awards for the same act, achievement, or period of service. 3. Since the applicant requested award of the Iraq Campaign Medal, it would be appropriate to amend his DD Form 214 for the period ending 20 August 2004 by deleting the Global War on Terrorism Expeditionary Medal and replacing it with the Iraq Campaign Medal with three bronze service stars. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001342 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001342 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2