IN THE CASE OF:	  

		BOARD DATE:	  22 October 2009

		DOCKET NUMBER:  AR20090008280 


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 her records be corrected awarding her the Iraq Campaign Medal and the "Global War on Terrorism Campaign Medal."

2.  The applicant is requesting award of the Global War on Terrorism Campaign Medal.  Since no such medal exists by this specific name, it is accepted that the applicant is requesting consideration for award of the Global War on Terrorism Expeditionary Medal (GWOTEM) and/or the Global War on Terrorism Service Medal (GWOTSM).

3.  The applicant states she served during the period these awards were authorized, but before they were actually issued.  She would like to have her records corrected to show these awards.

4.  The applicant provides copies of her DD Form 214 (Certificate of Release or Discharge from Active Duty) and Orders 262-3 dated 19 September 2003.

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 enlisted in the U.S. Army Reserve under the Delayed Entry Program on 22 February 1996 and enlisted in the Regular Army on 27 August 1996.  She completed training and was awarded the military occupational specialty 88N (Traffic Management Coordinator).

3.  Her career progressed normally and she was promoted to staff sergeant (E-6) on 1 November 2001.

4.  Detachment B, 55th Personnel Services Battalion, Orders 262-3, dated 19 September 2003, directed the applicant's reassignment and/or deployment to Headquarters and Headquarters Company, 3rd Corps Support Command (Kuwait), in support of Operation Enduring Freedom on or about 28 July 2003 for a period of not less than 179 days or more than 364 days.  She was assigned to duty in Germany at the time of this reassignment.

5.  On 17 October 2003, she was honorably discharged under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 5-8 (Involuntary Separation Due to Parenthood).

6.  Her DD Form 214 shows the applicant had 7 years, 2 months, and 14 days of creditable service.  Block 12f (Foreign Service) shows 2 years, 6 months, and 23 days of foreign service.  Her awards are listed in block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Authorized or Awarded) as the Bronze Star Medal, the Army Achievement Medal (6th Award), the Army Good Conduct Medal (2nd Award), the National Defense Service Medal, the Noncommissioned Officer Professional Development Ribbon with Numeral 2, the Army Service Ribbon, and the Overseas Service Ribbon.  Block 18 (Remarks) shows service in Kuwait from 31 January 2003 through 19 August 2003.

7.  Her DA Form 2-1 (Personnel Qualification Record), block 5 (Overseas Service), shows service in Korea from 18 January 1998 through 31 December 1998 (11 months and 14 days) and in Germany from 1 April 2002 through an unidentified date.  Her awards are listed as the Army Achievement Medal (6th Award), the Army Good Conduct Medal (2nd Award), the National Defense Service Medal, the Noncommissioned Officer Professional Development Ribbon with Numeral 2, the Army Service Ribbon, the Overseas Service Ribbon, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

8.  A review of the applicant's pay records shows she served in Egypt from 16 September 1997 through 20 January 1998, in Oman from 1 April 2001 through 30 April 2001, in Saudi Arabia from 1 May 2001 through 31 May 2001, in Qatar from 28 September 2001 through 10 February 2002, and in Kuwait from 2 February 2003 through 19 August 2003.  In each of these areas she received hostile fire/imminent danger pay and/or combat zone tax exclusion pay.

9.  Army Regulation 600-8-22 (Military Awards) provides the following information:

	a.  the GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism (GWOT) 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 the area of eligibility (AOE);

	b.  the designated specific geographic AOE for the GWOTEM are: 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;

	c.  the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in GWOT operations outside of the designated AOE on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty 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;

	d.  service members may be awarded both the GWOTEM and the GWOTSM if they meet the criteria for both awards; however, the qualifying service used to establish eligibility for one award cannot be used to justify eligibility for the other award.  Only one award of the GWOTEM may be authorized to any individual; therefore, second or subsequent awards will not be awarded;

	e.  individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom (OIF).  The AOE 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.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and provides the following guidance:  block 18 is for Department of the Army mandatory requirements when a separate block is not available and as a continuation for entries in blocks 11, 13, and 14.  A Soldier's service in a combat zone or hostile fire/imminent danger pay area should be shown as "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." 

DISCUSSION AND CONCLUSIONS:

1.  The applicant states she served during the period the Iraq Campaign Medal and the GWOTEM/GWOTSM were authorized, but before they were actually issued.  She would like to have her records corrected to show these awards.

2.  The applicant has not provided and the record does not contain any documentation to show that she served in Iraq.  Therefore, entitlement to award of the Iraq Campaign Medal cannot be established.

3.  The information obtained from the applicant's pay records shows that she served in Oman from 1 April 2001 through 30 April 2001, in Saudi Arabia from 1 May 2001 through 31 May 2001, in Qatar from 28 September 2001 through 10 February 2002, and in Kuwait from 2 February 2003 through 19 August 2003. 
All four of these countries and periods qualify her for award of the GWOTEM.

4.  During her periods of service between deployment to Saudi Arabia and Qatar the applicant served in Germany.  This service qualifies for award of the GWOTSM.

5.  Therefore, it is appropriate to award the applicant both the GWOTEM and the GWOTSM.

6.  The applicant's award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar was omitted from her DD Form 214.  It is appropriate to add it to the DD Form 214 at this time.

7.  The applicant's total period of foreign service and locations of her foreign service are not recorded in block 5 of the DA Form 2-1 and are not accounted for in block 12f or block 18 of her DD Form 214.

8.  The applicant served in Korea for 11 months and 14 days, in Oman for 30 days, in Saudi Arabia for 31 days, in Qatar for 4 months and 12 days, in Kuwait for 6 months and 18 days, and in Germany for 1 year and 21 days, for a total of 3 years, 1 month, and 6 days of foreign service.  The current entry in block 12f of the DD Form 214 (2 years, 6 months, and 23 days) should be deleted and replaced with 3 years, 1 month, and 6 days.

9.  All of a Soldier's periods of service in a combat zone and/or hazardous duty/imminent danger area should be recorded in block 18 of the DD Form 214.  Only the applicant's service in Kuwait is properly recorded.  It is appropriate to include an entry for each of her periods of service in a combat zone and/or hazardous duty/imminent danger area as follows:  Oman from 1 April 2001 through 30 April 2001, Saudi Arabia from 1 May 2001 through 31 May 2001, and Qatar from 28 September 2001 through 10 February 2002.

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.  awarding the applicant the Global War on Terrorism Expeditionary Medal and the Global War on Terrorism Service Medal;

	b.  correcting the entry shown in block 12f of the DD Form 214 to show 3 years, 1 month, and 6 days; 
	c.  including all of her periods of service in a combat zone and/or hazardous duty/imminent danger areas in block 18 of the DD Form 214 as follows:  Oman from 1 April 2001 through 30 April 2001, Saudi Arabia from 1 May 2001 through 31 May 2001 and, Qatar from 28 September 2001 through 10 February 2002.

	d.  to show that in addition to the awards listed in block 13 of the DD Form 214, she is also authorized the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

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 Iraq Campaign 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)                                         AR20090008280



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090008280



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1