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Decision Text

ARMY | BCMR | CY2010 | 20100013886
Original file (20100013886.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  14 December 2010

		DOCKET NUMBER:  AR20100013886 


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 reconsideration of the Board's denial of his request for the Iraq Campaign Medal (ICM).

2.  The applicant states he has found some military records which verify he was in Iraq for 14 months at Camp Liberty.

3.  The applicant provides an Individual Out-Processing Checklist and a Post-Deployment Health Assessment.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090007074 on 9 September 2009.

2.  The Individual Out-Processing Checklist and a Post-Deployment Health Assessment are new evidence which require the Board to reconsider the applicant's request.

3.  In its first review of this case, the Board's staff contacted the Defense Finance and Accounting System (DFAS) which stated that the applicant received hostile fire pay from 31 August 2006 to 18 November 2007 in Kuwait.

4.  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.

5.  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.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days:

6.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.

7.  In the Individual Out-Processing Checklist provided by the applicant, the applicant's commander certified that the applicant was deployed to Camp Liberty.  In the Post-Deployment Health Assessment the applicant stated that he arrived in theater on 31 August 2006; was assigned to Camp Liberty, Iraq, on 10 October 2006; and departed the theater on 16 November 2007.

8.  Camp Liberty is a large coalition military installation located northeast of the Baghdad International Airport and is part of the U.S. military's Victory Base Complex.  It was formerly known as Camp Victory North and renamed in mid-September 2004.  As part of an effort to give U.S. facilities around Baghdad friendlier connotations and to try to resolve the issue of constantly-changing facility names, Camp Victory North was renamed Camp Liberty, with its Arabic translation "Camp Al-Tahreer."  [Wikipedia]

9.  Military Awards Branch Message, dated 8 April 2005 stated Soldiers are authorized a bronze service star to be affixed on the ICM for the following campaigns:

* 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-to be determined

DISCUSSION AND CONCLUSIONS:

1.  The documents provided by the applicant confirm he was deployed to Camp Liberty, Iraq, from 10 October 2006 to 16 November 2007.  As such, he is entitled to the ICM with one bronze service star.

2.  The applicant is also entitled to have the dates of his deployment to Iraq entered on his DD Form 214.

3.  However, in order to accomplish this, the GWOTEM and the entry "SERVICE IN KUWAIT FROM 20060831-20071118," both added in the Board's first consideration, must be deleted.

BOARD VOTE:

___X____  ____X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20090007074, dated 9 September 2009.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the GWOTEM from item 13 and the entry "SERVICE IN KUWAIT FROM 20060831-20071118" from item 18 of his DD Form 214,

	b.  adding the ICM with one bronze service star to item 13 of his DD Form 214, and


	c.  adding the entry "SERVICE IN IRAQ FROM 20061010-20071116" to item 18 of his 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)                                         AR20100013886



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ABCMR Record of Proceedings (cont)                                         AR20100013886


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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