BOARD DATE:	  10 December 2009

		DOCKET NUMBER:  AR20090011484 


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 award of the Iraq Campaign Medal (ICM).

2.  The applicant states that she served in Iraq from 10 February 2003 to 7 August 2003, as annotated in item 18 (Remarks) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) and as a result, should be eligible for the ICM.

3.  The applicant provides a copy of her DD Form 214 and a Department of Veterans Affairs (VA) letter 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 that she enlisted in the Regular Army on 19 June 1997.  She was trained in, awarded, and served in military occupational specialty 67U (Helicopter Repairer).

3.  The applicant's official military personnel file (OMPF) contains a DA Form 2166-8 (Noncommissioned Officer (NCO) Evaluation Report (NCOER)) that covered the period September 2002 through August 2003.  Part III (Duty Position) and Part IV (Values/NCO Responsibilities) of this NCOER confirm that the applicant served in Iraq in support of Operation Iraqi Freedom during this rating period.

4.  On 30 November 2003, the applicant was honorably released from active duty in the rank of sergeant.  The DD Form 214 she was issued at the time shows she completed 6 years, 5 months, and 12 days of active military service.

5.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 shows that she earned the following awards during her tenure on active duty:  Army Commendation Medal (2nd Award), Army Achievement Medal (2nd Award), Army Good Conduct Medal (2nd Award), National Defense Service Medal, NCO Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon with Numeral 2, Aircraft Crew Member Badge, and Army Lapel Button.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-17 contains guidance on the ICM.  It states, in pertinent part, that it is authorized for service members assigned, attached, or mobilized to units operating in the Iraq area of eligibility (AOE) for 30 consecutive days or 60 non-consecutive days between 19 March 2003 and a future date to be determined by the Secretary of Defense or the cessation of the operation.  It further stipulates that only one award of the ICM may be authorized for any individual.  A campaign star is authorized with this award for each campaign a member is credited with participating in while serving in Iraq.  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 the Global War on Terrorism Expeditionary Medal (GWOTEM). It states that this award is authorized to members who deployed abroad for service in the Global War on Terrorism (GWOT) Operations in an authorized AOE on or after 11 September 2001, to a date to be determined.  Iraq was an authorized AOE for this award through 18 March 2003. 

8.  Paragraph 2-19 of Army Regulation 600-8-22 contains guidance on award of the Global War on Terrorism Service Medal (GWOTSM).  It states, in pertinent part, that it is authorized to members who have participated in the Global War on Terror outside of a designated AOE for the GWOTSM on or after 11 September 2001.  All Soldiers on active duty who served 30 consecutive or 60 nonconsecutive days are authorized the GWOTSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that she is eligible for the ICM has been carefully considered and found to have merit.  The evidence of record confirms the applicant completed a qualifying period of service in Iraq from 19 March through 18 August 2003, which qualifies her to receive the ICM with 2 campaign stars.  In addition, based on her service in Iraq between 10 February and 18 March 2003, she is also eligible for the GWOTEM.  Therefore, it would be appropriate to add these awards to her record and DD Form 214 at this time.

2.  Further, based on the applicant’s qualifying active duty service outside of an authorized AOE after 11 September 2001, she is also eligible for the GWOTSM, which should also be added to her record and DD Form 214 at this time. 

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 all Department of the Army records of the individual concerned be corrected by adding the Iraq Campaign Medal with 2campaign stars, Global War on Terrorism Expeditionary Medal, and Global War on Terrorism Service Medal to item 13 of her DD Form 214; and by providing her a correction to her DD Form 214 that includes these changes.




      ____________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)                                         AR20090011484



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ABCMR Record of Proceedings (cont)                                         AR20090011484



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