IN THE CASE OF:	  

		BOARD DATE:	        13 AUGUST 2009

		DOCKET NUMBER:  AR20090004223 


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 the Global War on Terrorism Expeditionary Medal (GWOTEM), Iraq Campaign Medal (ICM), and all unit awards she is entitled to be added to her record and DD Form 214 (Certificate of Release or Discharge from Active Duty).   

2.  The applicant states, in effect, the awards in question were created after she was released from active duty (REFRAD).   

3.  The applicant provides no documentary evidence in support of her 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 record shows she enlisted in the Regular Army (RA) on 
29 June 2000, and she was trained in and awarded military occupational specialty (MOS) 63B (Light Wheel Vehicle Mechanic).  

3.  The applicant's record shows that she was advanced to specialist (SPC)/E-4 on 1 January 2002, and that this is the highest rank/grade she attained while serving on active duty.  It also shows that while assigned to the 546th Personnel Services Battalion, she was deployed in support of Operation Iraqi Freedom from 23 March - 2 September 2003.  

4.  The applicant's Official Military Personnel File (OMPF) contains a certificate that confirms she was awarded the Army Commendation Medal (ARCOM) for meritorious service including service in support of Operation Iraqi Freedom during the period 

11 October 1997 through 20 October 2003, and that this award was authorized and announced in 13th Corps Support Command Permanent Orders 336-08, dated 2 December 2003.  

5.  On 30 November 2003, the applicant was honorably REFRAD, in the rank of SPC, after completing 3 years, 5 months, and 2 days of active military service.  The DD Form 214 she was issued shows, in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), that during her active duty tenure, she earned the Army Good Conduct Medal (AGCM), National Defense Service Medal (NDSM), and Army Service Ribbon (ASR).  Item 18 contains an entry that confirms she served in Southwest Asia (SWA) from
23 March - 2 September 2003.  

6.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-17 provides guidance on award of the ICM, which was authorized on 28 May 2004.  It states, in pertinent part, that it is authorized for members who served in direct support of Operation Iraqi Freedom during the period from 19 March 2003 to a date to be determined. Service members qualified for the GWOTEM by reasons of service between 19 March 2003 and 
28 February 2005, in an area for which the ICM was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement or period of service.  It further states that a bronze service star is authorized with this award for any campaign a member is credited with participating in.  During the applicant's tenure of assignment, participation credit was granted for the Liberation of Iraq (19 March 2003 – 1 May 2003) and Transition of Iraq (2 May 2003 – 28 June 2004) campaigns.

7.  Paragraph 2-18 of the awards regulation contains guidance on award of the GWOTEM.  It states, in pertinent part, that it is authorized to members who deployed abroad for service in the Global War on Terrorism (GWOT) operations on or after 11 September, 2001 to a date to be determined.  Approved operations include Operations Enduring Freedom and Iraqi Freedom and specific areas of eligibility (AOE) are identified.  The authorized AOEs include Iraq.  

8.  Paragraph 2-19 of the same regulation contains guidance on the Global War on Terrorism Service Medal (GWOTSM) and states, in pertinent part, that it is authorized to members who have participated in the GWOT outside of AOEs for the GWOTEM on or after 11 September 2001.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that she should be awarded the GWOTEM and the ICM was carefully considered.  However, by regulation, both the ICM and GWOTEM are not authorized for the same period of service.

2.  The evidence of record confirms the applicant served in SWA in support of Operation Iraqi Freedom from 23 March 2003 to 2 September 2003, as evidenced by an entry on her DD Form 214 and the ARCOM certificate on file in her OMPF.  Therefore, she is eligible for either the ICM or GWOTEM, but not both.  Absent a specific request by the applicant, it would be appropriate to correct her record to show that based on her service and campaign participation in Iraq, she is eligible for the ICM with 2 bronze service stars, which should be added to her record and DD Form 214.  However, she is not eligible to also receive the GWOTEM for this same period of service.  

3.  The evidence of record further shows that the applicant served on active duty outside of an AOE during a qualifying period of service after 11 September 2001. Therefore, she is eligible to receive the GWOTSM, which should also be added to her record and DD Form 214 at this time.  

4.  The applicant's OMPF includes an awards certificate that confirms she was awarded the ARCOM for her meritorious service during the period 11 October 1997 through 20 October 2003, which included her service in support of Operation Iraqi Freedom.  The certificate further confirms this award was authorized and announced in official orders.  Therefore, it would also be appropriate to add this award to her DD Form 214.  


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  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:

   a.  adding to item 13 of the applicant's DD Form 214 the Army Commendation Medal and Iraq Campaign Medal with 2 bronze service stars; and
   
   b.  providing the applicant a correction to her DD Form 214 that includes these changes. 

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 Global War on Terrorism Expeditionary Medal.



      _________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)                                         AR20090004223



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ABCMR Record of Proceedings (cont)                                         AR20090004223



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