IN THE CASE OF:	  

		BOARD DATE:	    8 September 2011

		DOCKET NUMBER:  AR20110004078 


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 award of the Iraq Campaign Medal (ICM) with one bronze service star and a bronze service star for wear on her already-awarded Afghanistan Campaign Medal.

2.  The applicant states, in effect, that she served two tours in Afghanistan and one tour in Iraq and she was awarded the Global War on Terrorism Expeditionary Medal (GWOTEM) and the Afghanistan Campaign Medal (ACM) for her deployments.

3.  The applicant provides:

* her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 June 2005
* her DD Form 214 for the period ending 7 February 2008
* three DA Forms 638 (Recommendation for Award) showing her awards for her deployments

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 enlisted in the Regular Army in Nashville, TN 19 May 2000 for a period of 5 years, training as a military police, a $14,000.00 cash enlistment bonus, and assignment to Fort Campbell, KY.

3.  She completed her training and was transferred to Fort Campbell for her first and only duty continental United States (CONUS) assignment.  She deployed to Kosovo from 10 May 2001 to 22 November 2001, to Djibouti, Africa and Iraq from 23 September 2002 to 3 July 2003, and to Afghanistan from 1 April 2004 to
5 March 2005.

4.  On 30 June 2005, she was honorably released from active duty (REFRAD) in the rank/grade of sergeant (SGT)/E-5 due to completion of required active service.  She completed 5 years, 1 month, and 12 days of creditable active service.  She was transferred to the U.S. Army Reserve (USAR) to complete her statutory service obligation.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214 issued at the time shows she was awarded the GWOTEM and the Kosovo Campaign Medal for her deployments but not the ICM or the ACM.

5.  On 8 October 2006, while serving in a USAR Troop Program Unit, she was ordered to active duty in support of Operation Enduring Freedom.  She deployed to Afghanistan from 7 January 2007 to 5 January 2008.

6.  On 7 February 2008, she was honorably REFRAD due to completion of required active service.  She completed 1 year, 3 months, and 27 days of net active service this period.  Her DD Form 214 for this period shows she was awarded the ACM for her deployment to Afghanistan but does not show the ICM.

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.  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 AOE, or meet other, specified criteria. 

8.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom (OEF) and Iraqi Freedom (OIF) in designated specific geographic areas of eligibility (AOE), including Djibouti and Iraq.

9.  Army Regulation 600-8-22 states the ACM is awarded to members who have served in direct support of OEF.  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated Afghanistan campaigns are:

* Liberation of Afghanistan (11 September 2001 - 30 November 2001)
* Consolidation I (1 December 2001 - 30 September 2006)
* Consolidation II (1 October 2006 - date to be determined)

10.  Army Regulation 600-8-22 states the ICM is awarded to members who have served in direct support of 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 one tour in Afghanistan and participated in one campaign phases (Consolidation I) during her first period of active duty and served another tour in Afghanistan and participated in one campaign phase and Consolidation II) during her second period of active duty.  Therefore, she is 
entitled to correction of her first DD Form 214 to show one bronze service star for wear on her already-awarded ACM and correction of her second DD Form 214 to show two bronze service stars on her ACM.

2.  The applicant also served in Iraq during two campaign phases (Liberation of Iraq and Transition of Iraq).  Therefore, she is entitled to the Iraq Campaign Medal with two bronze service stars and correction of both her DD Forms 214 to show this award.

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.  deleting from item 13 of her DD Form 214 for the period ending 10 June 2005 the Afghanistan Campaign Medal and

	b.  adding to item 13 of her DD Form 214 for the period ending 10 June 2005 the:

* Afghanistan Campaign Medal with one bronze service star
* Iraq Campaign Medal with two bronze service stars

	c.  deleting from item 13 of her DD Form 214 for the period ending 7 February 2008 the Afghanistan Campaign Medal and

	d.  adding to item 13 of her DD Form 214 for the period ending 7 February the:

* Afghanistan Campaign Medal with two bronze service stars
* Iraq Campaign Medal with two bronze service stars



      _______ _   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)                                         AR20110004078



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ABCMR Record of Proceedings (cont)                                         AR20110004078



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