IN THE CASE OF:	

		BOARD DATE:	  22 December 2009

		DOCKET NUMBER:  AR20090006937 


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 correction of her Enlisted Record Brief (ERB) and DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her deployment to Iraq.  She also requests award of the Global War on Terrorism Expeditionary Medal (GWOTEM) and the Iraq Campaign Medal (ICM).  

2.  The applicant states that her deployment to Iraq should be included on her ERB as well as her DD Form 214.  She states she was at Camp Anaconda from 10 March 2003 until March 2004.  

3.  The applicant provides a copy of a DA Form 638 (Recommendation for Award) with accompanying award certificate for the Army Commendation Medal and a Certificate of Appreciation in support of her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army and was released from active duty on 18 July 2005.  

2.  Item 12f (Foreign Service) of her DD Form 214 shows 3 years and 17 days of foreign service.  Item 18 (Remarks) of her DD Form 214 does not show she served in Iraq or in support of Operation Iraqi Freedom.



3.  The applicant's DD Form 214 shows she was awarded the Army Commendation Medal, the Army Achievement Medal, the Army Good Conduct Medal, the National Defense Service Medal, the Global War on Terrorism Service Medal, the Army Service Ribbon, and the Overseas Service Ribbon.  

4.  Section I (Assignment Information) on her ERB shows she completed 36 months of overseas service in Germany.  

5.  In a 30 July 2009 email, the Defense Finance and Accounting Service (DFAS) revealed the applicant received hostile fire pay (HFP) for the period 1 March 2003 to 28 February 2004 for service in Kuwait.  It was indicated that her actual dates on the ground were 16 March 2003 to 17 February 2004.  

6.  On 1 December 2009, a member of the Board’s staff contacted the applicant to inform her that by regulation, both the GWOTEM and ICM could not be awarded for the same period of service in Iraq and that she could choose either for her Iraq service.  The applicant requested award of the ICM.  

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18.

8.  Army Regulation 600-8-22 contains the Army's awards policy.  Paragraph 
2-17 contains guidance on the ICM.  It states in pertinent part that the ICM is authorized to members who 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 ICM 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.  It further stipulates that service members who 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.  A bronze service star is authorized for the Liberation of Iraq (19 March 2003 to 1 May 2003); the Transition of Iraq (2 May 2003 to 28 June 2004); the Iraqi Governance (29 June 2004 to 15 December 2005); and the National Resolution (16 December 2005 to a date to be determined).

9.  The ERB is an automated data form prepared and maintained for Active Army and U.S. Army Reserve enlisted personnel.  It contains personal information, qualification skills, training, and assignment history.  The ERB is a management tool used in making decisions regarding the utilization of Soldiers.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that she served in Iraq from 10 March 2003 until March 2004.  

2.  The applicant's military pay records at DFAS show she received HFP from 1 March 2003 to 28 February 2004 [months of arrival to and departure from the HFP area are counted as whole months for service in Kuwait].  DFAS indicated that her actual dates on the ground were 16 March 2003 to 17 February 2004.

3.  The applicant's military pay records combined with her personal statements are accepted as sufficient evidence to amend item 18 of her DD Form 214 to show the entry "SERVICE IN IRAQ FROM 20030316-20040217."  

4.  The applicant’s request for correction of her ERB to show her deployment to Iraq was considered.  However, the ERB is prepared and maintained for Active Army and U.S. Army Reserve enlisted personnel.  As the applicant no longer has a military status, there is no basis to make any changes to her ERB.  

5.  Based on the applicant’s service in Iraq in support of Operation Iraqi Freedom, she is eligible for award of the GWOTEM or the ICM.  The regulation precludes receipt of both of these awards for the same act, achievement, or period of service.  Since the applicant has requested award of the ICM in lieu of the GWOTEM, it would be appropriate to amend her DD Form 214 by adding award of the ICM with two bronze service stars.  

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.  amending item 18 of her DD Form 214 to show the entry "SERVICE IN IRAQ FROM 20030316-20040217"; and

	b.  amending her DD Form 214 by adding award of the ICM with two bronze service stars.  

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 correction of her ERB or additional service in Iraq.  



      ___________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)                                         AR20090000212



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ABCMR Record of Proceedings (cont)                                         AR20090006937



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