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ARMY | BCMR | CY2009 | 20090011310
Original file (20090011310.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	         23 July 2009  

		DOCKET NUMBER:  AR20090011310 


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 records to show she was awarded three bronze service stars instead of two bronze service stars with her Iraq Campaign Medal.

2.  The applicant states that she served in Iraq from 14 March 2003 to 18 March 2004 and 12 August 2008 to 12 June 2009 and that these periods of service would qualify her for three bronze service stars instead of two.

3.  The applicant provides copies of her DD Forms 214 (Certificate of Release or Discharge from Active Duty), dated 10 September 2004 and 7 September 2009, in support of her request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show she was appointed as a second lieutenant in the U.S. Army Reserve (USAR) and executed a DA Form 71 (Oath of Office – Military Personnel) on 18 January 1991.  She subsequently completed the Quartermaster Officer Basic Course, served in various staff and/or command positions, and was promoted through the ranks to captain on 25 June 1998 and major on 2 June 2004.

2.  On 10 February 2003, the applicant was ordered to active duty in support of Operation Iraqi Freedom and subsequently served in Kuwait/Iraq from 14 March 2003 to 18 March 2004.  She was honorably released from active duty and transferred to the control of her USAR unit on 10 September 2004.
3.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 for the period ending 10 September 2004 shows she was awarded the Army Commendation Medal (3rd Award), Army Achievement Medal (4th Award), Army Reserve Components Achievement Medal (4th Award), National Defense Service Medal (2nd Award), Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Armed Forces Reserve Medal with Bronze Hourglass and with "M" Device, Army Service Ribbon, and the Army Reserve Components Overseas Training Ribbon (2nd Award).

4.  On 22 June 2008, the applicant was again ordered to active duty in support of Operation Iraqi Freedom and subsequently served in Iraq from 15 August 2008 to 12 June 2009.  She was honorably released from active duty and transferred to the control of her USAR unit on 7 September 2009.  

5.  Item 13 of her DD Form 214 for the period ending 7 September 2009 shows she was awarded the Iraq Campaign Medal with two bronze service stars, Bronze Star Medal, Meritorious Service Medal, Army Commendation Medal (3rd Award), Army Achievement Medal (4th Award), Army Reserve Components Achievement Medal (6th Award), National Defense Service Medal (2nd Award), Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Overseas Service Ribbon (2nd Award), Army Reserve Components Overseas Training Ribbon (2nd Award), and the Combat Action Badge.

6.  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 qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service-member will be entitled to both medals for the same act, achievement or period of service.  Only one award of the Iraq Campaign Medal may be authorized for any individual, and under no condition will personnel receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period or service.  

7.  In April 2008, the Department of Defense (DOD) authorized service stars to recognize service members for participating in the following campaigns of Operation Iraqi Freedom:

	a.  Liberation of Iraq, from 19 March 2003 to 1 May 2003;

	b.  Transition of Iraq, from 2 May 2003 to 28 June 2004;

	c.  Iraqi Governance, from 29 June 2004 to 15 December 2005; and

	d.   National Resolution, from16 December 2005 to a date to be determined.  

8.  Army Regulation 600-8-22 states that a bronze service star will be awarded for wear on the Iraq Campaign Medal for participation in each campaign.

9.  A Frequently Asked Questions Document from the U. S. Army Human Resources Command, Military Awards Branch, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed to Iraq or Afghanistan.  The document states "Question: If a Soldier has a GWOTEM for a deployment which overlaps the first two campaigns for OIF, and deploys again and earns an ICM for the deployment which overlaps the second two campaigns, does the Soldier get to place all four campaign stars on the ICM? Answer:  No, if the Soldier receives the GWOTEM, and elects to keep it (Soldiers may elect to convert from the GWOTEM to the ICM or ACM), he/she cannot place campaign stars from that deployment on the ICM or ACM.  In the case noted in this question, the Soldier would wear the GWOTEM and the ICM (w/2BSS).  If the Soldier elected to convert the GWOTEM to an ICM, the Soldier would then be authorized to wear the ICM (w/4BSS).  Bottom line, you do not receive campaign stars for the ICM/ACM for any period where you were awarded the GWOTEM.  In order to wear the campaign stars for that period, you would have to give up the GWOTEM and go with only the ICM or ACM.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her DD Form 214 should be corrected to show three bronze service stars affixed to her already-awarded Iraq Campaign Medal.

2.  The evidence of record shows the applicant served in Kuwait/Iraq in support of Operation Iraqi Freedom from 14 March 2003 to 18 March 2004.  This period 
of service qualified her for award of the Global War on Terrorism Expeditionary Medal, which is correctly shown on both of her DD Forms 214. Although she participated in two campaigns during this period of service, campaign stars are not authorized with the Global war on Terrorism Expeditionary Medal 

3.  The evidence of record also shows the applicant served in Iraq in support of Operation Iraqi Freedom from 15 August 2008 to 12 June 2009.  This period of service qualified her for award of the Iraq Campaign Medal.  Furthermore, during this period of foreign service in Iraq, the applicant participated in the National Resolution (16 December 2005 to a date to be determined) campaign and is entitled to award of one bronze service star to be affixed to her already-awarded Iraq Campaign Medal.  It is unclear why her DD Form 214 shows two bronze service stars.

4.  It is the policy of the ABCMR not to make any correction to a Soldier’s record that would make the Soldier worse off than if the correction were not requested.  Nevertheless, she is not entitled to award of three bronze service stars with her Iraq Campaign Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X____  ____X__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   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.
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ABCMR Record of Proceedings (cont)                                         AR20090011310



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