IN THE CASE OF:	

		BOARD DATE:	13 May 2010  

		DOCKET NUMBER:  AR20090018625 


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 the Iraq Campaign Medal for her service in Iraq be in included on her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 8 February 2004.  She also requests the separation date on her DD Form 214 be corrected to coincide with the date on her discharge orders.

2.  The applicant states these errors are the result of an apparent oversight.

3.  The applicant provides copies of her DD Form 214 and her discharge orders from the U.S. Army Reserve.

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 personnel records show she enlisted in the U.S. Army Reserve (USAR) on 7 December 1992 and served continuously until her discharge.

3.  The applicant entered a period of active duty on 10 February 2003 in support of Operation Enduring Freedom.  She was released from active duty on 8 February 2004 and returned to the USAR.  She had completed 11 months and 29 days of active service that was characterized as honorable.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 does not show she is authorized the Iraq Campaign Medal.

4.  An entry in item 18 (Remarks) of the applicant's DD Form 214 shows she deployed to Iraq/Kuwait from 15 May 2003 to 22 December 2003.

5.  Headquarters, 81st Regional Readiness Command, Birmingham, AL, Orders 04-273-00158, dated 29 September 2004, discharged the applicant effective 29 September 2004 under the provisions of Army Regulation 135-178 (Army National Guard and Army Reserve Enlisted Administrative Separations).

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.  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 Iraqi Freedom.  Service members assigned or attached to or mobilized with units operating in these areas of eligibility for 30 consecutive days are eligible for this award.

7.  Military Personnel Message Number 08-123 issued 30 April 2008 authorizes one bronze service star to be worn on the suspension and campaign ribbon of the Iraq Campaign Medal for 1 or more days of participation in each designated campaign phase.  This message shows the Iraq campaigns as:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-to be determined)

8.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility for the Global War on Terrorism Expeditionary Medal, the Iraq Campaign Medal, or the Afghanistan Campaign Medal on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends she is authorized the Iraq Campaign Medal.  She also contends the separation date on her DD Form 214 is incorrect.

2.  The applicant's DD Form 214 covers only her period of active duty.  Upon her release from active duty on 8 February 2004 she was returned to the USAR and she was discharged on 29 September 2004 under the provisions of the separation regulation for the Army Reserve.  Therefore, the separation date on her DD Form 214 is correct.

3.  The entry in item 18 of the applicant's DD Form 214 shows her deployment to Iraq/Kuwait without giving the specific dates she was in Iraq.  However, while the exact dates she was in Iraq are unknown, it is reasonable to conclude she served at least 30 consecutive days in Iraq.  Her service in Iraq would have been during the Transition of Iraq Campaign from 2 May 2003-28 June 2004.  Therefore, she is authorized the Iraq Campaign Medal with one bronze service star.

4.  The applicant entered active duty on 10 February 2003 and deployed on 15 May 2003.  She served 30 consecutive days on active duty outside the designated area of eligibility for the Iraq Campaign Medal.  Therefore, she is authorized the Global War on Terrorism Service Medal.

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 amending item 13 of her DD Form 214 with a separation date of 8 February 2004 to show she is authorized the:

* Iraq Campaign Medal with one bronze service star
* Global War on Terrorism Service Medal

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 her date of separation from active duty.



      ____________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)                                         AR20090018625



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ABCMR Record of Proceedings (cont)                                         AR20090018625



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