BOARD DATE: 20 July 2017 DOCKET NUMBER: AR20160001894 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ___x_____ ____x____ 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: AR20160001894 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding award of the Iraq Campaign Medal with two bronze service stars and Global War on Terrorism Service Medal to his DD Form 214. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the Global War on Terrorism Expeditionary Medal. ______________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: AR20160001894 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: * Iraq Campaign Medal (ICM) * Global War on Terrorism Service Medal (GWOTSM) * Global War on Terrorism Expeditionary Medal (GWOTEM) 2. He states he served a combat tour in Iraq during Operation Iraqi Freedom. 3. He provides his DD Form 214. 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 13 July 2000. He was trained in and awarded military occupational specialty 11B (Infantryman). He was honorably released from active duty on 30 October 2003 and credited with completing 3 years, 3 months, and 18 days of active duty service. 3. His DD Form 214 shows he was awarded or authorized the: * Army Achievement Medal * Army Commendation Medal * Army Good Conduct Medal * National Defense Service Medal * Army Service Ribbon * overseas service bar * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Hand Grenade Bar * Combat Infantryman Badge * Expert Infantryman Badge * Parachutist Badge * Air Assault Badge 4. Item 18 (Remarks) of his DD Form 214 shows he served in Iraq from 1 March to 24 August 2003. 5. The Defense Finance and Accounting Service confirmed the applicant received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait from 2 March through 24 August 2003. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The ICM is awarded to members who 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 ICM period of eligibility is on or after 19 March 2003 to 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) * 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. 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 GWOTSM is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility 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 or 60 nonconsecutive days, are authorized the GWOTSM. DISCUSSION: 1. Based on his service in Iraq, he is eligible for either award of the ICM with two bronze service stars or the GWOTEM. As cited in the above regulation, no service member will be entitled to both medals for the same act, achievement, or period of service. In this case, it would be more advantageous to the applicant to award him the ICM with two bronze service stars in lieu of the GWOTEM. 2. The evidence of record also shows he served during a qualifying period for award of the GWOTSM. This award is not listed on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001894 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001894 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2