IN THE CASE OF:  

		BOARD DATE:  3 August 2020

		DOCKET NUMBER:  AR20190015458


APPLICANT REQUESTS:  award of the Global War on Terrorism Expeditionary Medal 
(GWOTEM).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)
*	Military Personnel Message Number 10-261, issued 5 October 2010

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code, section 1552(b); however, the ABCMR conducted a substantive review of 
this case and determined it is in the interest of justice to excuse the applicant's failure to 
timely file.

2.  The applicant states, in effect, he deployed in support of Operation Iraqi Freedom 
(OIF) and was operational for 9 months under OIF.  In addition, he was on the ground 
for the first 90 days of Operation New Dawn (OND).  Based on MILPER Message 
Number 10-261, he believes he should be eligible for the Iraq Campaign Medal (ICM) 
as well as the GWOTEM.

3.  The applicant enlisted in the Regular Army on 5 June 2008.  Evidence shows he 
served in Iraq from 16 December 2009 to 10 December 2010.

4.  The applicant retired on 21 August 2014.  The DD Form 214 he was issued shows 
he was awarded the ICM with 2 campaign stars (Iraqi Sovereignty and New Dawn).

5.  The applicant provides a copy of MILPER Message 10-261, issued 5 October 2010, 
OND – Revised Campaign, Expeditionary and Service Medal Policy.  

6.  The GWOTEM is authorized for award to members of the Armed Forces of the 
United States who deployed abroad for service in the GWOT on or after 11 September 
2001, to a date to be determined.  Effective 30 April 2005, the GWOTEM is no longer 
authorized to be awarded for service in Afghanistan and/or Iraq.  Soldiers are only 
authorized award of the Afghanistan Campaign Medal (ACM) and ICM after this date.

7.  The ICM is awarded to members who served in direct support of OIF.  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.  Under no condition will personnel receive the ICM, the GWOTEM, the 
Global War on Terrorism Service Medal (GWOTSM), the ACM, or the Armed Forces 
Expeditionary Medal (AFEM) for the same action, time period, or service.


BOARD DISCUSSION:

After reviewing the application and all supporting evidence, the Board determined that 
there was insufficient evidence to grant relief.  The Board found that the applicant was 
properly awarded the ICM for his service in Iraq from 16 December 2009 to 10 
December 2010.  Per regulation, personnel will only receive one award for the same 
action, time period or service.  Therefore the Board agreed that the applicant is not 
entitled to the GWOTEM or another service award for that deployment period.  



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, United States 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 ABCMR to excuse an applicant's 
failure to timely file within the 3 year statute of limitations if the Army Board for 
Correction of Military Records (ABCMR) determines it would be in the interest of justice 
to do so.

2.  Army Regulation 600-8-22 (Military Awards) states the GWOTEM is authorized for 
award to members of the Armed Forces of the United States who deployed abroad for 
service in the GWOT on or after 11 September 2001, to a date to be determined.  The 
general area of eligibility encompasses all foreign land, water, and air spaces outside 
the fifty 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.  

3.  Army Regulation 600-8-22 states the ICM is awarded to members who served in 
direct support of OIF.  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 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)

4.  Army Regulation 600-8-22, paragraph 2-18d(3) provides that under no condition will 
personnel receive the ICM, the GWOTEM, GWOTSM, the ACM, or the AFEM for the 
same action, time period, or service.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20190015458


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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