IN THE CASE OF:
BOARD DATE: 19 July 2011
DOCKET NUMBER: AR20110000290
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 award of the Global War on Terrorism Service Medal (GWOTSM) and Iraq Campaign Medal (ICM).
2. The applicant states her DD Form 214 shows 9 months and 6 days of foreign service. It also shows she served in Kuwait/Iraq from 9 March to 14 December 2003.
3. The applicant provides 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Her military records show she enlisted in the Regular Army on 12 April 2001. She completed initial entry training and was awarded the military occupational specialty of water treatment specialist. The highest rank/grade she attained was private first class/E-3.
3. She was honorably released from active duty on 11 April 2004 and transferred to the U.S. Army Reserve Control Group (Reinforcement). She completed a total of 3 years of creditable active service.
4. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 she was issued shows the Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, and overseas service bar. Item 18 (Remarks) of this form shows she served in Kuwait/Iraq from 9 March to 14 December 2003.
5. Army Regulation 600-8-22 (Military Awards) states the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal (GWOTEM), Afghanistan Campaign Medal, or ICM. 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 GWOTSM.
6. Army Regulation 600-8-22 states the ICM is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF). 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 ICM 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 OIF. 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 2009-31 August 2010)
* New Dawn (1 September 2010 to a date to be determined)
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Kuwait/Iraq from 9 March to 14 December 2003, which is a qualifying period of service that entitles her to the ICM. She participated in two campaigns during this period of service. Therefore, it would be appropriate to correct her DD Form 214 to show awarded of the ICM with two bronze service stars.
2. Based on the dates she served on active duty she is also entitled to the GWOTSM. Therefore, she is entitled to correction of her DD Form 214 to show this medal.
3. In view of the foregoing, the applicant's records should be corrected as recommended below.
BOARD VOTE:
____X____ ____X____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that 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:
a. Adding the GWOTSM and ICM with two bronze service stars to her
DD Form 214; and
b. Providing her a document to show these corrections.
_______ _ _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) AR20110000290
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