IN THE CASE OF: BOARD DATE: 15 November 2017 DOCKET NUMBER: AR20160004367 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: 15 November 2017 DOCKET NUMBER: AR20160004367 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: a. amending his DD Form 214 for the period ending 16 April 2009 by deleting the Afghanistan Campaign Medal with two bronze service stars and the Global War on Terrorism Expeditionary Medal (GWOTEM) and adding the Iraq Campaign Medal (ICM) with two bronze service stars; and b. amending his DD Form 214 for the period ending 15 April 2012 by deleting the GWOTEM and adding the ICM with two bronze service stars. __________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 2017 DOCKET NUMBER: AR20160004367 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 April 2009 to show he is authorized the Iraq Campaign Medal (ICM) with two bronze service stars in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM). 2. The applicant states his current DD Form 214 does not show the ICM. It lists the GWOTEM. He believes the error was made in 2009 when he left the Military Intelligence Officer Basic Course. His DD Form 214 for the period ending 16 April 2009 shows he is authorized the Afghanistan Campaign Medal (ACM) with two campaign stars. However, he had only deployed to Iraq up until that point in his career. He believes it should have listed the ICM and not the ACM. 3. The applicant provides his DD Forms 214, for the periods ending 22 February 2005 and 16 April 2009. 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. Following prior enlisted service in the U.S. Army Reserve, the applicant was appointed as a Reserve commissioned officer of the Army on 10 May 2008. 3. The applicant entered active duty on 7 December 2003, served in Iraq from 11 February 2004 through 21 January 2005, and was honorably released from active duty on 22 February 2005. His DD Form 214 for this period shows he was authorized the GWOTEM, the authorized service award for Soldiers who served in Iraq at the time. 4. The applicant entered active duty on 7 January 2009 and was honorably released from active duty on 16 April 2009. His DD Form 214 for this period shows he was authorized the ACM with two bronze service stars and GWOTEM, among other awards; however, his record provides no indication he served in Afghanistan during this period or any previous period of active duty. 5. The applicant entered active duty on 17 April 2009, served in Afghanistan from 26 March 2010 through 12 March 2011, and was honorably released from active duty on 15 April 2012. His DD Form 214 for this period shows he was authorized the ACM with two bronze service stars and the GWOTEM, among other awards. 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 service members of the Armed Forces of the United States who are deployed abroad for service in GWOT operations on or after 11 September 2001 to a date to be determined. Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the area of eligibility or meet one of the following criteria: (1) 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 award of the GWOTEM. (2) 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 or meet other specified criteria. The initial award of the GWOTEM was limited to service members deployed abroad in Operation Enduring Freedom (OEF) or Operation Iraqi Freedom (OIF), in designated specific geographic AOE, including Kuwait. b. The ICM is authorized by Public Law 108-234, dated 28 May 2004, and Presidential Executive Order 13363, dated 29 November 2004. It is awarded to members who served in direct support of OIF. 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-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) c. 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 (emphasis added). d. The ACM is awarded to members who have served in direct support of OEF. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 nonconsecutive days. The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area. The period of eligibility is on or after 11 September 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved designated Afghanistan campaigns are: * Liberation of Afghanistan (11 September 2001-30 November 2001) * Consolidation I (1 December 2001-30 September 2006) * Consolidation II (1 October 2006-30 November 2009) * Consolidation III (1 December 2009 – 30 June 2011) * Transition I (1 July 2011-date to be determined) DISCUSSION: 1. The applicant requests correction of his DD Form 214 to show he is authorized the ICM in lieu of the GWOTEM. 2. The applicant served in Iraq from 11 February 2004 to 21 January 2005. He participated in two campaigns during his service in Iraq. His DD Form 214 for the period ending 22 February 2005 appropriately shows the GWOTEM, as that was the authorized service award for Soldiers who served in Iraq at the time. 3. The ICM was authorized by Public Law in November 2004, and took effect after the applicant's release from active duty. As such, his authorized service awards are correctly reflected on his DD Form 214 for the period ending 22 February 2005. 4. In accordance with applicable Army regulations, the applicant's period of service in Iraq qualifies him for either the GWOTEM or the ICM but not both for the same period of service. By virtue of his request, the applicant has indicated his preference for the ICM in lieu of the GWOTEM. 5. Since the applicant requests the ICM in lieu of the GWOTEM, his DD Form 214 for the period ending 16 April 2009 may be amended to show he is authorized the ICM with two bronze service stars (in recognition of his campaign participation) in lieu of the GWOTEM. 6. In 2009, the applicant had not yet deployed to Afghanistan; however, his DD Form 214 for the period ending 16 April 2009 shows he was authorized the ACM with two bronze service stars. It appears this award was erroneously included on his DD Form 214 instead of the ICM with two bronze service stars. 7. The applicant served in Afghanistan from 26 March 2010 to 12 March 2011; his DD Form 214 for the period ending 15 April 2012 correctly shows he is authorized the ACM with a single bronze service star (campaign star). However, in light of the applicant's desire to be authorized the ICM in lieu of the GWOTEM, his DD Form 214 for this period should be corrected to show the ICM with two 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) AR20160004367 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004367 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2