IN THE CASE OF:	  

		BOARD DATE:	  15 December 2011

		DOCKET NUMBER:  AR20110012644 


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 she be awarded the Iraq Campaign Medal (ICM) and that her service in Iraq be included on her DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states that she was unaware that the information had to be reflected on her DD Form 214 until she applied for a State of Ohio benefit.  She further states that she served in Tikrit, Iraq (Camp Omaha) from 3 April 2003 to 10 March 2004. 

3.  The applicant provides a copy of her DD Form 214 and a Certification of Deployment Dates from her commander.

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 on 10 August 2001 for a period of 3 years, training as a construction equipment repairer, and assignment to Fort Hood, Texas.  She successfully completed her training and was assigned to Fort Hood for her first and only duty assignment. 

3.  She deployed to Iraq with her unit on 3 April 2003 and was advanced to the pay grade of E-4 on 1 July 2003.  She served in two campaigns and departed Iraq on 10 March 2004 and was returned to Fort Hood where she remained until she was honorably released from active duty (REFRAD) on 9 August 2004 due to completion of required service.  She had served 3 years of active service and 11 months and 8 days of foreign service.

4.  Her DD Form 214 issued at the time of her REFRAD shows that she was awarded the Army Commendation Medal, the Global War on Terrorism Service Medal, the National Defense Service Medal, and the Army Service Medal.  It also reflects no foreign service and does not reflect her deployment to Iraq.

5.  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.  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)

6.  A review of her official records show no evidence of any derogatory information or any indication that her commander sought to disqualify her from award of the Army Good Conduct Medal.

7.   Army Regulation 600-8-22 states the Overseas Service Ribbon (OSR) was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour.  Service of at least 8 months and 16 days in support of Operation Iraqi Freedom is sufficient to qualify for the award of the OSR.

8.  Army Regulation 600-8-22 states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.   

9.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

10.  Army Regulation 635-5 (Separation Program Designator (SPD)) serves as the authority for the preparation of the DD Form 214.  The regulation in effect at the time provided, in pertinent part, that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the following entry will be made:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that she should be awarded the ICM and that her service in Iraq should be reflected on her DD Form 214 has been noted and found to have merit.

2.  The applicant served in two campaigns while in Iraq during a qualifying period for award of the ICM.  Accordingly, it would appropriate to award her the ICM with two bronze service stars and add it to her DD Form 214.

3.  A review of her records shows no derogatory information that would serve to disqualify her for the first award of the AGCM or any action by the commander to deny her the award.  Therefore, it must be presumed that the failure to award her the AGCM was the result of an administrative error.  Accordingly, it would be in the interest of justice to award her the AGCM (1st award) for the period of 10 August 2001 to 9 August 2004 and to correct her DD Form 214 to show this award.

4.  The applicant served 11 months and 8 days of foreign service which qualifies her for award of the OSR.  Accordingly, she should be awarded the OSR along with adding her foreign service to her DD Form 214.

5.  The applicant served in Iraq from 20030403 to 20040310 and that information should be added to her DD Form 214 at this time. 

BOARD VOTE:

___x____  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Awarding her the ICM with two bronze service stars and adding it to her DD Form 214
* Awarding her the AGCM (first award) for the period of 10 August 2001 to 9 August 2004 and adding it to her DD Form 214
* Awarding her the OSR and adding it to her DD Form 214
* Deleting the entry “0000  00  00” in block 12f of her DD Form 214
* Adding the entry “0000  11  08” in block 12f of her DD Form 214
* Adding the entry "SERVICE IN IRAQ FROM 20030403 to 20040310 " to block 18 of her DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his 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)                                         AR20110012644





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ABCMR Record of Proceedings (cont)                                         AR20110012644



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