IN THE CASE OF:	  

		BOARD DATE:	  3 May 2011

		DOCKET NUMBER:  AR20100026631 


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 correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her dates of service in Kuwait and Iraq and award of the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM).

2.  The applicant states the dates for her service in Kuwait and Iraq need to be specified on her DD Form 214 for Federal employment purposes.  The specific dates and the Iraq Campaign Medal also need to be noted on her DD Form 214 for Ohio veterans' benefits.

3.  The applicant provides copies of her DD Forms 214 for the periods ending 18 February 2005 and 28 December 2002; a DA Form 638 (Recommendation for Award), dated 20 September 2004; an Army Commendation Medal Certificate; and her orders to active duty, dated 30 December 2003.

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.  On 4 January 2004, the applicant was called to active duty in support of Operation Iraqi Freedom as a member of the U.S. Army Reserve.

3.  Records at the Defense Finance and Accounting Service (DFAS) show the applicant received hazardous fire and imminent danger pay during the period 11 February 2004 through 21 January 2005 [11 months and 11 days] for service in Kuwait.

4.  The applicant's DD Form 214 shows:

	a.  on 18 February 2005, she was released from active duty;

	b.  she completed 1 year, 1 month, and 15 days of creditable active duty service during this period;

	c.  she served overseas for a total of 11 months and 19 days;

	d.  she was awarded the Global War on Terrorism Expeditionary Medal; and

	e.  she served in Kuwait and Iraq from 3 February 2004 to 21 January 2005.

5.  The orders provided by the applicant show she was ordered to active duty in support of Operation Iraqi Freedom but do not specify duty location(s) or dates.

6.  The DA Form 638 and award certificate show the applicant was awarded the Army Commendation Medal for service in support of Operation Iraqi Freedom but do not provide duty location(s).  The DA Form 638 indicates the unit's zip code was Army Post Office (APO), Army Europe, 09391, which is the designated APO for Balad, Iraq.

7.  Army Regulation 600-8-22 (Military Awards) states the GWOTEM 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.  The general area of eligibility encompasses all foreign land, water, and air spaces outside the 50 states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.

8.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom.  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 must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 nonconsecutive days or meet one of several other following criteria.  Under no condition will personnel receive the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal for the same action, time period, or service.  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).

9.  Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.  According to the Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour.  (Rules 6 and 8 of Table 3-2 Army Regulation 614-30, Overseas Service, apply).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her DD Form 214 should be corrected to show her dates of service in Kuwait and Iraq and award of the Iraq Campaign Medal in lieu of the GWOTEM.

2.  DFAS records show the applicant was deployed to Kuwait from 11 February 2004 through 21 January 2005.

3.  Although her personnel records do not provide a specific record of her service in Kuwait/Iraq, the documentation provided by the applicant clearly shows her unit was located in Iraq.  Therefore, it is accepted that she served in Iraq for at least 30 days and is eligible for award of the Iraq Campaign Medal with two bronze service stars.  As she acknowledges, the Global War on Terrorism Expeditionary Medal must be removed from her DD Form 214.

4.  The applicant also met the eligibility criteria for award of the Overseas Service Ribbon, and this award should be added to her DD Form 214.

5.  Because her records do not break down how long she served in Kuwait from how long she served in Iraq, there is insufficient evidence on which to amend item 18 of her DD Form 214 to show that breakdown.

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 deleting the Global War on Terrorism Expeditionary Medal from her DD Form 214 for the period ending 18 February 2005 and adding the Iraq Campaign Medal with two bronze service stars and the Overseas Service Ribbon.

2.  The Board further determined that the evidence presented was 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 amending her DD Form 214 for the period ending 18 February 2005 to specify how long she served in Kuwait versus how long she served in Iraq.  



      ____________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)                                         AR20100026631



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ABCMR Record of Proceedings (cont)                                         AR20100026631



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