ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  11 June 2019

	DOCKET NUMBER:  AR20170008916


APPLICANT REQUESTS:  reconsideration of his earlier request for award of the:

* Global War on Terrorism Service
* Iraq Campaign Medal with 1 bronze service star

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Self-authored statement
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DD Form 215 (Correction of Release or Discharge from Active Duty)

FACTS:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090020746 on 6 July 2010.

2.  The applicant states that he was granted the Global War on Terrorism Medal (without specifying if this was the Expeditionary or Service Medal).  He believes the Board left out the Expeditionary Medal in accordance with Executive Order number 13289 as an oversight from his previous correction determined by the Board (AR201790020746).  He believes Soldiers who served in Iraq and Afghanistan before 2005 are authorized both awards.  He is asking the Board to reference his DD Form 214 that shows his service in Iraq 16 April 2003, which means that he fits the criteria.

3.  The applicant provides a statement quoting Executive Order 13289 dated March 2003 which states, “Expeditionary may be authorized but both medals can no longer be bestowed for the same qualifying period of service.  The only exception is for personnel who served in Iraq or Afghanistan prior to 30 April 2005, these personnel were awarded both the Global War on Terrorism Service Medal and Global War on Terrorism Expeditionary Medal.”

4.  A review of the applicant’s service records shows:
	a.  He enlisted in the U.S. Army Reserve on 17 February 2003.  He held military occupational specialty 11B (Infantryman).  

	b.  He entered active duty on 17 February 2003.  He served in Kuwait/Iraq from 7 June 2003 to 1 September 2003 in support of Operation Enduring/Iraqi Freedom.  

	c.  He was honorably released from active duty on 25 January 2004.  His 
DD Form 214 shows he completed 11 months, and 9 days of active service.  It also shows he was awarded or authorized:

* Army Commendation Medal
* National Defense Service Medal
* Armed Forces Reserve Medal with M Device
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Grenade Bar

	d.  On 23 March 2009, he was issued a DD Form 215 that added the following awards and dates of deployment: 
* Operation Iraqi Freedom Campaign Medal
* Global War on Terrorism (without specifying Service or Expeditionary) 
* Army Achievement Medal 
* Overseas Service Ribbon
* Service in Iraq 7 June 2003 to 1 September 2003

	e.  On 27 October 2010, the Army Discharge Review Board determined that the applicant had been awarded the Combat Action Badge, Global War on Terrorism and the Iraq Campaign Medal with one bronze star.  His request for the awards were granted.

5.  By regulation (AR 600-8-22): 

	a.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.  

	b.  The Global War on Terrorism Expeditionary Medal is authorized for award to members who are deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  Soldiers who elect to receive the Global War on Terrorism Expeditionary Medal in lieu of the Iraq Campaign Medal are not authorized service stars for those campaigns in which the Global War on Terrorism Expeditionary Medal is awarded.  Under no condition will personnel receive the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal for the same action, time period or service.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  Regulatory guidance does not allow for the awarded of both awards during the same period of service.  The Board wanted to inform the applicant that he could only have both if he received the GWOTEM for another deployment location, and the ICM for Iraq.  

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
	 
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.

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation (AR) 600-8-22 (Military Awards), currently in effect, prescribes the Army policy, criteria, and administrative instructions concerning individual military decorations.  

	a.  The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility, on or after 11 September 2001 to a future date to be determined.  Service members may be awarded both the GWOTEM and the GWOTSM if they meet the criteria for both awards; however, the qualifying period used to establish eligibility for one award cannot be used to justify eligibility for the other award.
	b.  The Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days.  Initial award of the Global War on Terrorism Expeditionary Medal was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic areas of eligibility.


ABCMR Record of Proceedings (cont)	 AR20170008916


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