IN THE CASE OF:	  

		BOARD DATE:	  13 September 2011

		DOCKET NUMBER:  AR20110004704 


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 that her records be corrected to reflect her combat service in Iraq from 10 June to 25 September 2003 and that she be authorized the appropriate awards for that service.

2.  The applicant states that she was assigned as the Military Assistant to the Senior Advisor, Minister of Interior, Coalition Provisional Authority (CPA) and should have been awarded the Iraq Campaign Medal (ICM) with one bronze service star and the Shoulder Sleeve Insignia for Third Army.  

3.  The applicant provides a list of supporting documents on her application. 

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 was serving on active duty in the rank of colonel with the National Guard Bureau when she was ordered by the Office of the Under Secretary of Defense that her primary place of duty would be attached to the Office of Reconstruction and Humanitarian Assistance in Iraq and she was issued blanket travel orders.  She served in Iraq from 10 June to 25 September 2003 (3 months and 16 days of foreign service).  

3.  On 31 January 2004, she was retired and was transferred to the Retired List effective 1 February 2004.  Her DD Form 214 issued at the time of her REFRAD shows no foreign service and reflects no awards or credit for her service in Iraq.

4.  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 (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 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 OIF.  A bronze service star is authorized for
wear with this medal for participation in each credited campaign.  The applicant participated in the transition of Iraq (2 May 2003-28 June 2004) campaign.

5.  Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Service Medal (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 (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  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 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 for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in item 18 (Remarks) the statement “SERVICE IN (Name of Country Deployed) From (inclusive dates for example, YYYYMMDD - YYYYMMDD).”

7.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service (SSI-FTWS), commonly referred to as a “combat patch.”  The regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service.  There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 as it is an item of uniform wear and not an award or decoration.   
     
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that her service in Iraq is not reflected in her records has been noted and found to have merit.  The applicant served 3 months and 16 days in Iraq during the period of 10 June to 25 September 2003.  

2.   Accordingly, her DD Form 214 should be corrected to reflect in block 12f that she served 3 months and 16 days of foreign service and in block 18 the entry “Service in Iraq from 20030610 – 20030925.”

3.  The applicant served during one campaign while in Iraq and she served during qualifying periods for award of the ICM and the GWOTSM.  Accordingly, she should be awarded the ICM with one bronze service star and the GWOTSM and they should be added to her DD Form 214.

4.  However, the applicant’s contention that the SSI-FWTS should be added to her DD Form 214 has been noted and found to lack merit.  The SSI-FWTS is an item of uniform wear and not an award or decoration.  Accordingly, it is not authorized for entry on the DD Form 214.  

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 entry “0000 00 00” in block 12f of her DD Form 214
* Adding the entry “0000 03 16” in block 12f of her DD Form 214
* Adding the ICM with one bronze service star and the GWOTSM to her 
DD Form 214
* Adding the entry “Service in Iraq from 20030610 – 20030925” to block 18 of her DD Form 214  
 
2.  The Board further determined that the evidence presented is 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 adding the SSI-FWTS to her DD Form 214.

3.  The Board wants the applicant and all others to know that the sacrifices she made in service to the United States are deeply appreciated.  The applicant and all Americans should be justifiably proud of her service in arms.



      _______ _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)                                         AR20110004704





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ABCMR Record of Proceedings (cont)                                         AR20110004704



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