IN THE CASE OF: BOARD DATE: 20 November 2018 DOCKET NUMBER: AR20170003034 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: 20 November 2018 DOCKET NUMBER: AR20170003034 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 item 13 of his DD Form 214 as follows: * deleting the Global War on Terrorism Expeditionary Medal * adding the Iraq Campaign Medal 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: 20 November 2018 DOCKET NUMBER: AR20170003034 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 the Iraq Campaign Medal (ICM) with two bronze service stars. 2. The applicant states he was discharged from the Regular Army before the ICM was established. He states he served during two different phases of the Iraq War, which merits two bronze service stars. 3. The applicant provides – * his DD Form 214 * excerpt from the web pertaining to the ICM with campaign phases 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 4 October 2000. 3. On 3 October 2004, he was honorably released from active duty upon the completion of his required service. He was transferred to the U.S. Army Reserve Control Group (Reinforcement). He was issued a DD Form 214 containing the following information: * Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows among his awards – * Army Commendation Medal * Army Achievement Medal (3rd Award) * Army Good Conduct Medal * National Defense Service Medal * Global War on Terrorism Expeditionary Medal (GWOTEM) * Global War on Terrorism Service Medal * Item 18 (Remarks) – service in Iraq from 9 April 2003 to 12 March 2004 REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes 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 or Operation New Dawn. The ICM period of eligibility is on or after 19 March 2003 through 31 December 2011. Soldiers qualified for the GWOTEM by reasons of service between 19 March 2003 and 30 April 2005, in Iraq, will remain qualified for that medal. Any such Soldier may be awarded the ICM in lieu of the GWOTEM for such service. 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. Service stars are worn on campaign and service medals to denote participation in a named campaign. A service star is a bronze or silver five-pointed star 3/16 inch in diameter. 2. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation states for item 13 to enter all awards for all periods of service. Check the Soldier's records for validity of awards. DISCUSSION: 1. The applicant served in Iraq during a qualifying period for the ICM and the GWOTEM. A Soldier may receive only one of these two awards for the same period of service. 2. The applicant's DD Form 214 currently reflects the GWOTEM, but he has indicated a preference for the ICM. 3. He meets the criteria for award of the ICM with two bronze service stars to denote his participation in two campaigns. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170003034 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170003034 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2