IN THE CASE OF: BOARD DATE: 16 February 2022 DOCKET NUMBER: AR20210008915 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 July 2006 to show award of the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Headquarters, 7th Infantry Division and Fort Carson, Permanent Orders 025-182, 25 January 2006 * DD Form 214 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (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 when he was out-processing from active duty in 2006, the individual reviewing his paperwork told him he was authorized one of two medals and asked him if he wanted the Global War on Terrorism Expeditionary Medal or the Iraq Campaign Medal. He told him at the time he wanted the Iraq Campaign Medal. He did not read his DD Form 214 very closely in 2006, but did see the error years later. He has known about this for quite a few years and would prefer to have it changed if possible. 3. Headquarters, 7th Infantry Division and Fort Carson, Permanent Orders 025-182, 25 January 2006, awarded him the Combat Action Badge for actively engaging or being engaged by the enemy during the period 27 August 2004 to 23 July 2005. 4. He was honorably released from active duty on 16 July 2006 and transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 shows in: * item 12c (Net Active Service This Period) – 3 years * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * Army Commendation Medal * Army Achievement Medal * National Defense Service Medal * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Korea Defense Service Medal * Army Service Ribbon * Overseas Service Ribbon (2nd Award) * Combat Action Badge * Driver and Mechanic with Driver-Wheeled Vehicle Clasp * Item 18 (Remarks) – Service in Iraq 20040808 – 20050725 BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records the Board determined the applicant met the criteria for award of the Iraq Campaign Medal. Based on regulatory guidance a member may be awarded either the Iraq Campaign Medal or the Global War on Terrorism Expeditionary Medal by reason of service in Iraq. Although the applicant requested the Iraq Campaign Medal his records showed the Global War on Terrorism Expeditionary Medal. The Board determined there was sufficient evidence to correct the applicant’s records to show award of the Iraq Campaign Medal. Additionally, the Board found the applicant served in Korea but his foreign service credit for that period was not annotated on the applicant’s DD Form 214. Based on this, the Board granted relief to correct the applicant’s records. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 16 July 2006, by * deleting in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) - Global War on Terrorism Expeditionary Medal and * adding: Iraq Campaign Medal 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, 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 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. 2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. Executive Order 13363 (Establishing the Afghanistan and Iraq Campaign Medal), 29 November 2004, established the Iraq Campaign Medal and shall be awarded to members of the Uniformed Services of the United States who serve or have served in Iraq or contiguous waters or air space, on or after 19 March 2003 and before a terminal date to be prescribed by the Secretary of Defense. Upon application, a member by reason of service may be awarded either the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal. A member may be awarded either the Iraq Campaign Medal or the Global War on Terrorism Expeditionary Medal by reason of service in Iraq. No member shall be entitled to the award of more than one of these medals for the same period of service. 4. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. Paragraph 2-18 (Iraq Campaign Medal) states individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom or Operation New Dawn. The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to 31 December 2011. Under no condition will personnel receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service. Service members who qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March and 30 April 2005 in Iraq will remain qualified for the medal. Any such Soldier may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service. No Soldier will be entitled to both medals for the same act, achievement, or period of service. b. Paragraph 2-20 (Global War on Terrorism Expeditionary Medal) states the Global War on Terrorism Expeditionary Medal was established to recognize service members of the Armed Forces of the United States who are deployed abroad for service in the Global War on Terrorism on or after 11 September 2001 to a date to be determined. The Global War on Terrorism Expeditionary Medal is only awarded once per named operation, regardless of the number of deployments and periods of service supporting that operation. Service members who qualified for the Global War on Terrorism Expeditionary Medal by reasons of service before 30 April 2005 in Iraq will remain qualified for the medal. Any such Soldier may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service. Soldiers who elected to receive the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal are not authorized to change their original election; such elections are irrevocable. Soldiers who elect to keep the Global War on Terrorism Expeditionary Medal in lieu of the Iraq Campaign Medal are not authorized bronze service stars on the Iraq Campaign Medal for the campaign in which the Global War on Terrorism Expeditionary Medal is awarded. No Soldier will be entitled to both medals for the same act, achievement, or period of service. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210008915 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1