IN THE CASE OF:
BOARD DATE: 25 October 2011
DOCKET NUMBER: AR20110008203
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.
2. The applicant states she served in Iraq. She claims she served in Kuwait in February 2003 in support of Operation Iraqi Freedom.
3. The applicant provides her DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of 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 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. The applicant enlisted in the Regular Army on 15 August 2001 for a period of
3 years. She was trained in and awarded military occupational specialty (MOS)
54B (Chemical Operations Specialist), which was later converted to MOS 74D with the same title.
3. The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HFP/IDP) from 7 February through
23 June 2003 based on her serving in Kuwait. Her record is void of any documents indicating actual service in Iraq.
4. The applicants record is void of any documents confirming actual service in Iraq.
5. On 17 May 2004, the applicant was honorably released from active duty, in the rank/grade of specialist (SPC)/E-4, after completing 2 years, 9 days, and
3 days of creditable active service. The DD Form 214 she was issued at the time shows in:
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Item 18 (Remarks), as amended by a DD Form 215 (Correction to
DD Form 214), dated 2 June 2009, the entry "Service in Kuwait/Iraq from 20030206 to 20030606," indicating she served in Kuwait/Iraq from
6 February to 6 June 2003
6. Army Regulation 600-8-22 (Military Awards) provides the Armys awards policy. Paragraph 2-17 provides guidance on the Iraq Campaign Medal. It states it is authorized for service in Iraq from 19 March 2003 to a date to be determined. Individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom. The area of eligibility encompasses all land area of the country of Iraq, and 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.
7. Army Regulation 600-8-22, paragraph 2-18, contains guidance on the Global War on Terrorism Expeditionary Medal. It states it is authorized for service 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 fifty states of the United States and outside 200 nautical miles of the shores of the United States. 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. Initial award of the Global War on Terrorism Expeditionary Medal was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom. Kuwait was included in the list of identified qualifying areas of eligibility.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to be awarded the ICM has been carefully considered has been carefully considered and found to have partial merit.
2. The evidence of record is void of any indication the applicant actually served in the country of Iraq. However, the record does show she served in Kuwait in support of Operation Iraq Freedom from 6 February through 6 June 2003. As a result, although there is insufficient evidence to support award of the Iraq Campaign Medal at this time, she is entitled to the Global War on Terrorism Expeditionary Medal based on her qualifying service in Kuwait in support of Operation Iraqi Freedom. Therefore, she is entitled to the Global War on Terrorism Expeditionary Medal and correction of her DD Form 214 to show this award.
3. She may apply for reconsideration if she has evidence showing her dates of service in Iraq.
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 adding to Item 13 of her DD Form 214 the Global War on Terrorism Expeditionary Medal.
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 award of the Iraq Campaign Medal.
___________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) AR20110008203
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