IN THE CASE OF:	  

		BOARD DATE:	  20 October 2009

		DOCKET NUMBER:  AR20090006127 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued at the time of her release from active duty on 16 March 2004, which will simply be referred to as her DD Form 214 throughout the remainder of these Proceedings, to show the award of the Army Commendation Medal, Iraq Campaign Medal (ICM) with two bronze service stars, Global War on Terrorism Expeditionary Medal (GWOTEM), and the Global War on Terrorism Service Medal (GWOTSM).

2.  The applicant essentially states that she deployed to serve in Operation Enduring Freedom and Operation Iraqi Freedom, but when she was issued her DD Form 214, the aforementioned awards were not listed on this document.  She also states that she is unsure if she is entitled to all three of the service medals listed above.

3.  The applicant provides her DD Form 214; orders, dated 16 December 2002, as amended by orders, dated 15 December 2003, which ordered her to active duty in support of Operation Enduring Freedom for 470 days; the front page of orders, dated 26 February 2003, which deployed her to the U.S. Central Command area of operations; a North Atlantic Treaty Organization (NATO) travel order, dated 5 February 2003; orders, dated 16 February 2004, which released her from active duty on 16 March 2004; a certificate which awarded her the Army Commendation Medal for the period 27 December 2003 to 4 February 2004; and a Department of Defense news release which authorized campaign stars to be worn on the ICM and the Afghanistan Campaign Medal 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 U.S. Army Reserve (USAR) on 25 October 1997.  She entered active duty for training (ADT) on 6 January 1998, she completed initial entry training, and she was awarded military occupational specialty (MOS) 71L (Administrative Specialist).  She was then released from ADT and transferred back to her USAR unit.  On
27 December 2002, she was ordered to active duty in support of Operation Enduring Freedom and she deployed to Kuwait and Iraq from 7 February 2003 to 11 February 2004.  On 16 March 2004, she was honorably released from active duty and returned to her USAR unit.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214 shows that she was awarded the National Defense Service Medal, Armed Forces Reserve Medal with "M" (for Mobilization) Device, Army Service Ribbon, and the Driver and Mechanic Badge with Driver-W (for wheeled vehicles) Bar.

3.  The applicant's DD Form 214 does not show that she was awarded the Army Commendation Medal, but she provided a properly-constituted award certificate showing that she was awarded the Army Commendation Medal for the period 
27 December 2003 to 4 February 2004 by the 377th Theater Support Command (Provisional) Permanent Orders Number 052-05, dated 21 February 2004.

4.  The applicant's DD Form 214 does not show that she was awarded the ICM with two bronze service stars, but she deployed to Iraq from 19 March 2003 to
11 February 2004.  Military Personnel (MILPER) Message Number 08-123, dated 30 April 2008, provided guidance on the criteria, applicability, and standards on awarding service stars on the ICM.  One bronze service star shall be awarded for 1 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).
5.  The applicant's DD Form 214 also does not show that she was awarded the GWOTEM, but evidence of record shows she was deployed to Kuwait during the period 7 February 2003 to 18 March 2003.

an area of eligibility for award of the GWOTEM, as her service in Iraq only qualifies for either the ICM or the GWOTEM, but not both.

6.  Additionally, the applicant's DD Form 214 does not show that she was awarded the GWOTSM, but she served on active duty outside the designated areas of eligibility for award of the GWOTEM from 27 December 2002 to 6 March 2003 and again from 12 February 2004 to 16 March 2004.

7.  Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom (OIF).  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 OIF.  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.

8.  Army Human Resources Command Military Personnel (MILPER) Message Number 08-123 provides the guidance and criteria, applicability and standards on awarding and wear of service stars on the Iraq Campaign Medal (ICM).  It states, in pertinent part, that one bronze service star will be worn on the ICM for one or more days of participation in each designated campaign phase.  Approved designated ICM campaign phases and inclusive periods are listed below:

Liberation of Iraq/19 Mar 2003 - 1 May 2003 

Transition of Iraq/2 May 2003 - 28 Jun 2004 
Iraq Governance/29 Jun 2004 - 15 Dec 2005 
National Resolution/16 Dec 2005 – Date to be determined

9.  Army Regulation 600-8-22 also provides, in pertinent part, that the GWOTEM is awarded to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 
11 September, 2001 to a date to be determined.  Service members must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in an area of eligibility.  Initial award of the GWOTEM is limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in the following designated specific geographic areas of eligibility (AOE):  Afghanistan, Algeria, Bahrain, Bosnia-Herzegovina, Bulgaria (Bourgas), Chad, Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Georgia, Hungary, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kosovo (only specific GWOT operations not associated with operations qualifying for the Kosovo Campaign Medal), Kuwait, Kyrgyzstan, Lebanon, Mali, Mauritania, Niger, Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey, Turkmenistan, Uganda, 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 and boarding and searching vessel operations, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal.

10.  Additionally, 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. 

   a.  Battalion commanders and commanders of separate units have the authority to award the GWOTSM for approved operations to units and personnel within his or her command. 

   b.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days, or meet one of the following criteria:  

   (1)  initial award of the GWOTSM is limited to airport security operations 
(from 27 September 2001 through 31 May 2002) and Soldiers who supported 
Operations NOBLE EAGLE, ENDURING FREEDOM, and IRAQI FREEDOM; or
		(2)  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 the GWOTSM.

11.  Paragraph 5-1 of Army Regulation 600-8-22 states that orders are not published for service medals, but they are annotated on records by the personnel officer.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that her DD Form 214 be corrected to show the award of the Army Commendation Medal, ICM with two bronze service stars, GWOTEM, and the GWOTSM.

2.  Permanent orders awarded the applicant the Army Commendation Medal, but it is not listed on her DD Form 214.  Therefore, it would be appropriate at this time to correct her DD Form 214 to show the award of the Army Commendation Medal.  

3.  The applicant served in Kuwait and Iraq during a qualifying period for award of the ICM and she participated in two campaigns during her deployment.  Therefore, she is entitled to correction of her DD Form 214 to show the award of the ICM with two bronze service stars.

4.  The evidence of record shows the applicant served in Kuwait during a qualifying period for award of the GWOTEM.  Therefore, she is entitled to the GWOTEM.

5.  The applicant served on active duty outside the designated areas of eligibility for award of the GWOTEM from 27 December 2002 to 6 March 2003 and again from 12 February 2004 to 16 March 2004.  Therefore, she is entitled to correction of her military records to show entitlement to the GWOTSM.

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 the applicant's DD Form 214 be corrected by adding to item 13 of her DD Form 214 the Army Commendation Medal, Iraq Campaign Medal with two bronze service stars, Global War on Terrorism Expeditionary Medal, 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)                                         AR20090006127



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ABCMR Record of Proceedings (cont)                                         AR20090006127



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