IN THE CASE OF:	  

		BOARD DATE:	  11 December 2008

		DOCKET NUMBER:  AR20080014969 


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, correction of her military records to show the awards that she is authorized for service in Iraq.  She also requests correction of Item 12 (Foreign Service) and Item 18 (Remarks) of her Certificate of Release or Discharge from Active Duty (DD Form 214) to show her foreign service in Iraq.

2.  The applicant states, in effect, that she served in Iraq during 2003 in support of Operation Iraqi Freedom.  Her DD Form 214 does not show her foreign service in Items 12 or 18.  

3.  The applicant provides no additional supporting documentation.

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.  On 10 March 2000, the applicant enlisted in the Regular Army for 3 years.  She completed her initial training and was awarded military occupational specialty (MOS) 54B (Chemical Operations Specialist).

3.  On 8 November 2002, the applicant was promoted to sergeant, pay 
grade E-5.

4.  Defense Finance and Accounting Service (DFAS) records show that during the period from 7 April to 17 August 2003, [4 months and 11 days] the applicant served in a combat zone and received hostile fire pay for the months of April through August 2003.

5.  The applicant's Official Military Personnel File (OMPF) contains a Certificate for award of the Army Commendation Medal for meritorious service as a member of Task Force Iron Horse in support of Operation Iraqi Freedom during the period from 8 April to 12 August 2003.  

6.  The applicant's Noncommissioned Officer Evaluation Report (NCOER) for the period from February 2003 through August 2003 evaluated her performance of duty as a chemical operations noncommissioned officer in support of Operation Iraqi Freedom.  She was cited for her successful deployment from the United States to Iraq; for being selected as the "Best Team" in the platoon during Operation Iraqi Freedom; for conducting numerous patrol missions in support of Iraqi Freedom; and for her outstanding performance during Operation Iraqi Freedom.

7.  On 30 November 2003, the applicant was honorably released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).  She had completed 3 years, 8 months, and 21 days of creditable active duty. 

8.  The applicant's DD Form 214, Item 12f shows no overseas service. 

9.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists her awards as the National Defense Service Medal, Army Commendation Medal (two awards), Army Achievement Medal, Army Good Conduct Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, and the Army Lapel Button.  It does not show award of the Iraq Campaign Medal.

10.  Item 18 of the applicant's DD Form 214 does not show her overseas service in Iraq.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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].  

12.   The Department of Defense issued a directive designating the following four qualifying phases of Operation Iraqi Freedom: Liberation of Iraq from 19 March 2003 to 1 May 2003; Transition of Iraq from 2 May 2003 to 28 June 2004; Iraqi Governance from 29 June 2004 to 15 December 2005; and National Resolution from 16 December 2005 to a date to be determined.  A bronze service star, affixed to the Iraq Campaign Medal, denotes each qualifying phase.

13.  Army Regulation 600-8-22 states that 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 (AOE), on or after 11 September 2001 to a future date to be determined. 

14.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides, in pertinent part, for an entry in block 12f of the total amount of foreign service completed during the current period of active duty.  It further provides that Item 18 will contain the following entry for Regular Army Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."






DISCUSSION AND CONCLUSIONS:

1.  The available evidence clearly shows the applicant served a qualifying tour of duty in Iraq for award of the Iraq Campaign Medal.  Furthermore, she served during two qualifying phases of Operation Iraqi Freedom.  Therefore, her records should be corrected to show that she is authorized the Iraq Campaign Medal with two bronze service stars.

2.  The available evidence clearly shows that the applicant has served during a qualifying period for award of the Global War on Terrorism Service Medal.  Therefore, her record should be corrected to show this award.

3.  Item 12f of the applicant's DD Form 214 should be corrected to show that she served overseas for a period of 4 months and 11 days.  

4.  Item 18 of the applicant's DD Form 214 should be corrected to add the remark: "SERVICE IN IRAQ FROM 20030407 TO 20030817."

BOARD VOTE:

___X____  ___X____  ___X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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:

	a.  adding in Item 12f of her DD Form 214: 4 months and 11 days;

	b.  adding in Item 18 of her DD Form 214: SERVICE IN IRAQ FROM 20030407 TO 20030817; and





	c.  showing, in addition to the awards already shown in Item 13 of her 
DD Form 214, that her awards include the Iraq Campaign Medal with two bronze service stars and the Global War on Terrorism Service Medal.







      _______ _  X _______   ___
               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)                                         AR20080014969



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ABCMR Record of Proceedings (cont)                                         AR20080014969



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