RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 March 2007
	DOCKET NUMBER:  AR20060009980 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Mr. Gerard W. Schwartz

Acting Director

Ms. Joyce A. Wright

Analyst


The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. John T. Meixell 

Member

Mr. Roland S. Venable

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), of her DD Form 214 (Certificate of Release or Discharge from Active Duty), to show that she was awarded the Global War on Terrorism Expeditionary Medal (GWOTEM), the Global War on Terrorism Service Medal (GWOTSM), and the Iraq Campaign Medal.  

2.  The applicant states, in effect, that she departed the service before the criteria for issuing these medals were published.

3.  The applicant provides a copy a DA Form 1577 (Authorization for Issuance of Awards), dated 5 May 2006, a copy of her deployment orders, and a copy of her DD Form 214, in support of her request.  

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show she was appointed in the Reserve as a commissioned officer effective 29 May 1999, in the rank of second lieutenant (2LT/O-1).  She was ordered to active duty on 1 July 1999.  She was promoted to captain (CPT/O-3) effective 1 October 2002.  

2.  The applicant provides a copy of Headquarters, III Corps and Fort Hood Permanent Orders 267-1, dated 24 September 2002, which show that she was deployed to Qatar, in support of OEF (Operation Enduring Freedom), on or about 29 September 2002, for a period of 179 days.  Her orders indicated that based on mission requirements, she may be extended up to 364 days.  Her orders also indicated that she was entitled to hostile fire/imminent danger pay (HF/IDP) while deployed to Qatar.  She was eligible for combat zone income tax exclusion. 

3.  The applicant was released from active duty on 30 November 2003.  She was transferred to the United States Army Reserve (USAR) Control Group Reinforcement. 

4.  Item 13, of her DD Form 214, shows she was awarded the Army Lapel Button, the Army Commendation Medal, the Army Achievement Medal (2nd Award), the National Defense Service Medal, and the Army Service Ribbon.  
Her DD Form 214 shows no additional awards.

5.  Item 18 (Remarks), of her DD Form 214, shows the entry "Service in Southwest Asia from 20020929 (29 September 2002) to 20030809 (9 August 2003)." 

6.  The applicant's records contain a copy of an award certificate that show she was awarded the Joint Service Commendation Medal for meritorious service for the Armed Forces of the United States on 22 July 2003.  Her records also contain a copy of a DA Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 16 February 2005, which shows that this award was added to her DD Form 214.

7.  The applicant provides a copy of a DA Form 1577, which shows she was issued medals for the GWOTEM, the GWOTSM, and the Iraq Campaign Medal. 

8.  Human Resources Command Message (Date Time Group 17 March 2004) disseminated implementing instructions for award of the Global War on Terrorism Expeditionary Medal for Soldiers who deploy abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  To be eligible for this award a Soldier must be mobilized with or assigned or attached to a unit participating in designated operations for 30 consecutive days or for 60 nonconsecutive days in the areas of eligibility designated, or must meet one of the following criteria: a)  be engaged in actual ground combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless, of the time in the area of eligibility; b) while participating in the designated operation, regardless of time, is killed or wounded/injured requiring medical evacuation from the area of eligibility, or c) participate as a regularly assigned air crew member flying sorties for 30 consecutive days or 60 nonconsecutive days into, out of, within, or over the area of eligibility in direct support of Operations Enduring Freedom and/or Iraqi Freedom.  The message also states that under no condition will any Soldier in the United States receive this award. 

9.  The Human Resources Command Message (Date Time Group 17 March 2004) limited initial award of the Global War on Terrorism Expeditionary Medal to Soldiers who deployed abroad in Operations Enduring Freedom and Iraqi Freedom in the following areas of eligibility (AOE):  Afghanistan, Bahrain, Bulgaria (Bourgas), Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lebanon, Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey (east of 35 east degrees east latitude), Turkmenistan, United Arab Emirates, Uzbekistan, Yemen, that portion of the Arabian Sea north of 10 degrees north latitude and west of 68 degrees longitude, Bab El Mandeb, Gulf of Aden, Gulf of Aqaba, Gulf of Oman, Gulf of Suez, that portion of the Mediterranean Sea east of 28 degrees east longitude, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal.

10.  Human Resources Command Message (Date Time Group 17 March 2004) disseminated implementing instructions for award of the Global War on Terrorism Service Medal.  This award is designated for Soldiers who have participated in or served in support of Global War on Terrorism Operations outside of the designated area of eligibility determined for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a date to be determined.  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 this award.  

11.  Soldiers may receive both the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal if they meet the requirements of both awards; however, the same period of service establishing one cannot be used to justify service eligibility for the other.

12.  Military Awards Branch Message [dated 8 April 2005] provided the following implementing instructions for award of the Iraq Campaign Medal.  Award of the Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation.  The area of eligibility encompasses all land area of the country of Iraq and the contiguous sea area out to 12 nautical miles and the air space above these areas.  To qualify for award of this campaign medal, service members must have been assigned or attached to or mobilized with units operating in these areas of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:  a) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; b) be medically evacuated from the area of eligibility for wounds or injuries resulting from participation in an operation or official duties; or c)  participates as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations [each day of operations counts as one day of eligibility].  This campaign medal may be awarded posthumously.

13.  Only one award of the Iraq Campaign Medal may be authorized for any individual.  Service stars are not prescribed for wear with this medal; however, the Iraq Campaign Medal may be awarded with the bronze arrowhead device to eligible Soldiers.  Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal (GWOTEM) is no longer authorized to be awarded for service in Iraq; however, service members who qualified for the GWOTEM by reason of service between 19 March 2003 and 30 April 2005 in an area for which the Iraq Campaign Medal was subsequently authorized shall remain qualified for the GWOTEM.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for such service; however, no service member shall be entitled to award of the Iraq Campaign Medal and the GWOTEM for the same act, achievement or period of service.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was deployed to Southwest Asia from 29 September 2002 to 9 August 2003.  Therefore, she is entitled to award of the GWOTEM and the GWOTSM.

2.  The applicant's orders authorized her to travel to Qatar in support of OEF.  However, nowhere did these same orders show she was authorized travel to Iraq or was deployed in support of Operation Iraqi Freedom.  Notwithstanding this information, the Iraq Campaign Medal was not authorized until 8 April 2005, after the applicant had completed her service in Southwest Asia.  Therefore, she is not entitled to award of the Iraq Campaign Medal for her service in Qatar.

3.  Notwithstanding the DA Form 1577, which shows she was issued the medal, for the Iraq Campaign Medal, the applicant failed to meet the criteria for the award of the Iraq Campaign Medal.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___J____  ___LDS _  __RSV__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION







BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the Global War on Terrorism Expeditionary Medal and the Global War on Terrorism Service Medal.  

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Iraq Campaign Medal.  




______Linda D. Simmons___
          CHAIRPERSON




INDEX

CASE ID
AR20060009980
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070322
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
20031130
DISCHARGE AUTHORITY
AR 6008-24
DISCHARGE REASON

BOARD DECISION
GRANT//DENY
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.


DISCUSSION