IN THE CASE OF:	  

		BOARD DATE:	        06 NOVEMBER 2008

		DOCKET NUMBER:  AR20080012265 


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, in effect, that she be awarded any awards and decorations that she is entitled to for her service in Iraq. 

2.  The applicant essentially states that during her deployment with the 101st Airborne Division from March 2003 to August 2003, she was very involved in numerous missions while serving in Iraq, but that no awards were given to her for her service in Iraq.  She also states that her family emergency/crisis that caused her to return to the United States before the end of her deployment caused resentment, and that it is unjust that she has not been recognized for her dedication and hard work while deployed in Iraq.  

3.  The applicant provides deployment orders, dated 19 February 2003, as amended by orders, dated 26 February 2003, with an attached list for the 526th Forward Support Battalion (FSB) in support of this application.

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's military records show that she enlisted in the Regular Army on 7 January 1998.  She completed basic and advanced individual training and was awarded military occupational specialty (MOS) 91B (Medical Specialist), and was subsequently awarded MOS 91W (Health Care Specialist).  After being stationed at Fort Campbell, Kentucky and assigned to the 526th FSB, she deployed to Kuwait and Iraq from 8 March 2003 to 19 August 2003.  On 9 January 2004, she was honorably discharged due to parenthood .  The DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued to her at the time of her discharge shows that she was awarded the Good Conduct Medal (2nd Award), the National Defense Service Medal, the Army Service Ribbon, and the Overseas Service Ribbon. 

3.  The applicant's military records essentially show that she served in Kuwait and Iraq from 8 March 2003 to 19 August 2003, and that she deployed as a member of the 526th FSB, which served extensively in Iraq on and after 
27 March 2003.  Therefore, it is reasonable to presume that she served at least 30 consecutive days or 60- nonconsecutive days in Iraq during her deployment.  However, her DD Form 214 does not show that she was awarded the Iraq Campaign Medal.  MILPER Message Number 08-123, dated 30 April 2008, provided guidance on the criteria, applicability, and standards on awarding service stars on the Iraq Campaign Medal.  One bronze service star shall be awarded for one or more days of participation in each designated campaign phase.  Based upon the applicant's service in Iraq, she participated in the Liberation of Iraq campaign (19 March 2003 to 1 May 2003) and the Transition of Iraq campaign (2 May 2003 to 28 June 2004).

4.  The applicant was serving on active duty on 11 September 2001, and continued to serve on active duty until she was honorably discharged on 
9 January 2004.  However, her DD Form 214 does not show that she was awarded the Global War on Terrorism Service Medal.

5.  The applicant essentially stated that during her deployment with the 101st Airborne Division from March 2003 to August 2003, she was very involved in numerous missions while serving in Iraq, but that no awards were given to her for her service in Iraq.  She also stated that her family emergency/crisis that caused her to return to the United States before the end of her deployment caused resentment, and that it is unjust that she has not been recognized for her dedication and hard work while deployed in Iraq.  

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation IRAQI FREEDOM.  The area of eligibility encompasses all land area of the country of Iraq, and 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 Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of Operation IRAQI FREEDOM.  Service members qualified for the Global War on Terrorism Expeditionary Medal (GWOTEM) by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal. Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for such service.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:  (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, while participating in an operation or on official duties; (2) is wounded or injured and requires medical evacuation from the area of eligibility, or (3) while participating 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.  Under no condition will a Soldier receive both the Iraq Campaign Medal and the GWOTEM for the same action, time period, or service. 

7.  Army Regulation 600-8-22 (Military Awards) states that 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 the Global War on Terrorism operations outside the designated areas of eligibility for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a future date to be determined. 

8.  Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that she should be awarded any awards and decorations that she is entitled to for her service in Iraq. 

2.  The applicant deployed to Kuwait and Iraq from 8 March 2003 to 19 August 2003 with the 526th FSB, which served extensively in Iraq on and after 27 March 2003.  Therefore, it is reasonable to presume that she served at least 
30 consecutive days or 60 nonconsecutive days in Iraq during her deployment.  She also participated in two campaigns during her service in Iraq.  As a result, it would be appropriate at this time to award her the Iraq Campaign Medal with Two Bronze Service Stars, and to correct her military records to show the award of the Iraq Campaign Medal with Two Bronze Service Stars.

3.  The applicant served on active duty during a qualifying period for award of the Global War on Terrorism Service Medal, but it is not listed on her DD Form 214.  Therefore, she is entitled to award of the Global War on Terrorism Service Medal, and correction of her military records to show this award.

4.  The applicant's contention that no awards were given to her for her service in Iraq because of resentment over the fact that she did not complete her unit's deployment was noted.  It is unclear if the applicant was implying that she should have been awarded an individual decoration such as the Army Achievement Medal or Army Commendation Medal.  If this is the case, the applicant is advised that Army Regulation 600-8-22 states that the Army does not condone self-recognition; therefore, a Soldier may not recommend himself/ herself for award of a decoration.  Notwithstanding the above, the applicant is advised that while the available evidence is insufficient for awarding her any personal decorations, this in no way affects her right to pursue her claim for a personal decoration by submitting a request through her Member of Congress under the provisions of 10 USC 1130.

BOARD VOTE:

___X_____  __X______  ____X____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding her the Iraq Campaign Medal with Two Bronze Service Stars and the Global War on Terrorism Service Medal.

2.  The Board wants to thank the applicant for the sacrifices she made in service to the United States during Operation IRAQI FREEDOM.  The applicant and all Americans should be justifiably proud of her honorable service in arms. 




      _______ _XXX   _______   ___
               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.

ABCMR Record of Proceedings (cont)                                         AR20080012265



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ABCMR Record of Proceedings (cont)                                         AR20080012265



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