BOARD DATE: 3 February 2011
DOCKET NUMBER: AR20100017803
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Global War on Terrorism Expeditionary Medal or Iraq Campaign Medal.
2. The applicant states she completed over 180 days in Kuwait and Iraq which should qualify her for the Global War on Terrorism Expeditionary Medal or Iraq Campaign Medal.
3. The applicant provides her DD Form 214 effective 18 February 2004.
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. Army Reserve on 22 November 1996. She was ordered to active duty in support of Operation Enduring Freedom/Operation Iraqi Freedom and entered an active duty status on 18 January 2003. She was honorably released from active duty on 18 February 2004 and transferred to a Reserve troop program unit.
3. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 lists the Army Commendation Medal, National Defense Service Medal, Armed Forces Reserve Medal with "M" Device, and Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars as authorized awards. Item 18 (Remarks) of her DD Form 214 shows she served in Iraq and Kuwait from 12 February 2003 to 17 January 2004.
4. Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who participated in the Global War on Terrorism operations outside of the designated areas of eligibility on or after 11 September 2001 to a future date to be determined. Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days.
5. Army Regulation 600-8-22 specifies that service members are qualified for award of the Global War on Terrorism Expeditionary Medal 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.
6. Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom. The area of eligibility encompasses all the land area of the country of Iraq, 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. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns are:
* 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-date to be determined)
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant participated in the Global War on Terrorism operations in the designated areas of eligibility for award of the Global War on Terrorism Service Medal and Global War on Terrorism Expeditionary Medal. Therefore, her records should be corrected to show these awards.
2. The evidence also shows she served in Iraq/Kuwait in support of Operation Iraqi Freedom from 12 February 2003 to 17 January 2004; therefore, she is entitled to award of the Iraq Campaign Medal and addition of the medal 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.
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 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 Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, and Iraq Campaign Medal with two bronze service stars to item 13 of 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) AR20100017803
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