BOARD DATE: 22 August 2017 DOCKET NUMBER: AR20160002120 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: 22 August 2017 DOCKET NUMBER: AR20160002120 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 amending his DD Form 214 for the period ending 20 December 2003 to show he was awarded or authorized the Iraq Campaign Medal with two bronze service stars and the Global War on Terrorism Service Medal. 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 amending his DD Form 214 for the period ending 20 December 2003 to show he was awarded or authorized 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: 22 August 2017 DOCKET NUMBER: AR20160002120 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 he was awarded or authorized the Iraq Campaign Medal (ICM) and the Global War on Terrorism Expeditionary Medal (GWOTEM). 2. The applicant states he believes he is entitled to the ICM and the GWOTEM for his combat service in the Republic of Iraq, from 28 February 2003 through 23 August 2003. 3. The applicant provides a copy of 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 14 September 2000. 3. Permanent Orders 139-48, issued by Headquarters, Division Support Command (DISCOM), 101st Airborne Division on 19 May 2003, awarded him the Army Commendation Medal for exemplary service during combat operations in Iraq from on or about 19 March 2003 through 1 May 2003 while assigned to Delta Company, 801st Main Support Battalion, 101st Airborne Division. 4. The applicant was honorably released from active duty on 20 December 2003, by reason of completion of required active service. His DD Form 214 shows he completed 3 years, 3 months, and 7 days of net active service this period with 5 months and 26 days of foreign service. a. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized the: * Army Commendation Medal (2nd Award) * Army Achievement Medal * Army Good Conduct Medal * National Defense Service Medal * Army Service Ribbon * Overseas Service Bar b. Item 18 (Remarks) contains the entry, "Service in Kuwait/Iraq 20030228 - 20030823." 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 of the Armed Forces of the United States who served in direct support of Operation Iraqi Freedom. The areas of eligibility (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) b. The Global War on Terrorism Service Medal (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 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 or 60 nonconsecutive days, are authorized award of the GWOTSM. c. 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 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. Army Regulation 600-8-22 further states service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the AOE. d. 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. Soldiers who elect to receive the GWOTEM in lieu of the ICM are not authorized service stars for those campaigns in which the GWOTEM is awarded. 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 correction of his DD Form 214 to show he was awarded or authorized the ICM and GWOTEM was carefully considered. 2. Based on his active duty service after 11 September 2001, the applicant is authorized the GWOTSM. This award is not currently listed on his DD Form 214. 3. The evidence of record confirms he served in Kuwait and Iraq during the period 28 February through 23 August 2003. His service in the Republic of Iraq authorizes him award of the ICM. The applicable Army regulation states a bronze service star is authorized for each campaign a member is credited with participating in for wear on the ICM. While the exact date of his entry into Iraq is unclear, he was in a unit assigned to the 101st Airborne Division and received an Army Commendation Medal, stating he served during combat operations from 19 March 2003 when hostilities commenced. It appears that he, more likely than not, participated in two campaigns during his service in Iraq. However, his DD Form 214 does not show the ICM or any corresponding bronze service stars. 4. The applicant also requested correction of his DD Form 214 to show award of the GWOTEM. Based on his service in Iraq, he is authorized this award. However, he also requested the ICM for this period of service, which is assumed to be his award of choice. In accordance with the governing regulation, he is not authorized the GWOTEM for the same period of service. As a result, there is no basis to correct his DD Form 214 to show he was awarded or authorized the GWOTEM. In the event that he desires award of the GWOTEM in lieu of the ICM with two bronze service stars, he can submit an application to this Board indicating his preferred award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002120 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002120 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2