IN THE CASE OF:	  

		BOARD DATE:	    2 March 2010

		DOCKET NUMBER:  AR20090014600 


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, award of the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal and addition of these awards to her DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, that her DD Form 214 should reflect the above awards.  She is making this request for employment purposes.  She also states that she did not realize the awards were missing until it was brought to her attention.

3.  In support of her application, the applicant provides copies of her active duty orders, a DA Form 638 (Recommendation for Award), her certificate for the Army Commendation Medal, and her DD Form 214.

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 she enlisted in the U.S. States Army Reserve, in pay grade E-1, on 6 January 2000, for 8 years.  She completed training and was awarded military occupational specialty 31B (Military Police).  She was promoted to pay grade E-4 on 1 January 2002.

3.  The applicant was ordered to active duty in support of Operation Enduring Freedom and entered on active duty on 24 February 2003.  

4.  The applicant provided a copy of a DA Form 638, dated 26 September 2003, showing she was recommended for award of the Army Commendation Medal for exceptionally meritorious service while deployed with the 443rd Military Police Company during Operation Iraqi Freedom for the period 24 February to 1 December 2003.  She also provided a copy of the resulting certificate for this award.

5.  The applicant was honorably released from active duty, on 9 January 2004, at the completion of her period of required active service and transferred to a Reserve unit.

6.  Entries on the applicant’s DD Form 214, Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), lists the following awards:  the Drivers Badge, the Army Commendation Medal, the National Defense Service Medal, the Armed Forces Reserve Medal with “M” Device (2nd Award), and the Army Service Ribbon.  Item 13 does not list the Iraq Campaign Medal or the Global War on Terrorism Expeditionary Medal. 

7.  In connection with the processing of this case, the Army Military Pay Operations, Defense Finance and Accounting Service (DFAS), was asked to verify the period of service the applicant was authorized hostile fire pay/imminent danger pay (HFP/IDP).  DFAS advised that the applicant received HFP for service in a combat zone in Kuwait from 15 May to 3 December 2003.

8.  Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraq Freedom.  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 Operation Iraq Freedom and appropriate bronze service stars.
9.  Army Regulation 600-8-22 further authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Iraq Campaign Medal for the following periods:  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, and NATIONAL RESOLUTION/16 DEC 2005 – DATE TO BE 
DETERMINED.

10.  Army Regulation 600-8-22 also states that the Global War on Terrorism Expeditionary Medal is authorized for award 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 the area of eligibility.  Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal is no longer authorized to be awarded for service in Iraq; however, service members who qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 30 April 2005 in an area for which the Iraq Campaign Medal was subsequently authorized shall remain qualified for the Global War on Terrorism Expeditionary 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; however, no service member shall be entitled to award of the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal for the same act, achievement, or period of service.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant served in Kuwait/Iraq from 15 May 2003 to 3 December 2003 and was awarded the Army Commendation Medal for exceptionally meritorious service while deployed during Operation Iraqi Freedom. Therefore, based on her service in support of Operation Iraqi Freedom, she is entitled to award of the Iraq Campaign Medal and its addition to her DD Form 214.  She is also entitled to award of two bronze service stars to be affixed to the Iraq Campaign Medal to denote her campaign participation. 

2.  The same period of service establishing eligibility for the Iraq Campaign Medal cannot be used to justify service eligibility for the Global War on Terrorism Expeditionary Medal.  Therefore, she is not entitled to award of the Global War on Terrorism Expeditionary Medal and its addition to her DD Form 214. 

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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 Iraq Campaign Medal;
   
   b.  adding to Item 13 of the DD Form 214 the Iraq Campaign Medal with two bronze service stars; and
   
   c.  providing her a corrected DD Form 214 that includes these corrections.

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 Global War on Terrorism Expeditionary Medal and its addition to her DD Form 214.



      ___________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)                                         AR20090014600



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ABCMR Record of Proceedings (cont)                                         AR20090014600



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