IN THE CASE OF:
BOARD DATE: 4 December 2012
DOCKET NUMBER: AR20120009739
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) for the period ending 31 May 2008 to show award of the Iraq Campaign Medal with authorized bronze service stars.
2. She states this award was omitted from her retirement DD Form 214. She returned in June 2007 after a 365-day tour of duty in Kirkuk, Iraq. At the time of her retirement she was unaware of the existence of this medal and only recently heard of it when requesting/ordering a replacement set of her awards and decorations.
3. She provides:
* temporary change of station (TCS) orders for deployment to Iraq
* DA Form 2166-8 (Noncommissioned Officer (NCO) Evaluation Report) for the period 1 April 2006 through 30 April 2007
* DD Form 1610 (Request and Authorization for Temporary Duty Travel of Department of Defense Personnel)
* Summary Data Page
* Department of the Treasury-Internal Revenue Service Forms W-2 (Wage and Tax Statement) for 2006 and 2007
* 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 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's military record shows she enlisted in the Regular Army on 6 October 1987.
3. Her NCO evaluation reports show she served in Korea between February 1996 and January 1997.
4. On 9 February 2006, she was issued TCS orders for deployment to Iraq for a period not to exceed 365 days.
5. She served continuously on active duty through several reenlistments until she was honorably retired on 31 May 2008.
6. Her DD Form 214 for the period ending 31 May 2008 shows she was awarded or authorized, in part, one Overseas Service Ribbon but not the Iraq Campaign Medal.
7. Item 18 (Remarks) of her DD Form 214 contains the entry "SERVICE IN IRAQ 20060414-20070709."
8. A staff member of the Defense Finance and Accounting Service, Indianapolis, IN, verified the applicant received hostile fire/imminent danger pay and combat zone tax exclusion for service in Kuwait from 16 July 2006 through 8 July 2007.
9. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom. 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 31 December 2011. Approved campaigns include the:
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
b. The Overseas Service Ribbon is awarded for successful completion of overseas tours.
10. According to the U.S. Army Human Resources Command Awards Branch, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense. Soldiers who serve 11 cumulative months in a 24-month period or 9 continuous months in Iraq or Afghanistan receive credit for a completed short tour.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant served in Iraq from on or about 14 April 2006 to 9 July 2007. This period of service would have qualified her for award of the Iraq Campaign Medal with two bronze service stars. Therefore, her DD Form 214 should be corrected to show the Iraqi Campaign Medal with two bronze service stars.
2. The evidence of record shows she completed nearly 12 months of foreign service in Korea and was awarded the Overseas Service Ribbon which is currently annotated on her DD Form 214. She also completed nearly 12 months of foreign service in Iraq. Therefore, she served a qualifying period of service for a second award of the Overseas Service Ribbon and her DD Form 214 should be corrected 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 the evidence presented is 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:
* deleting award of the Overseas Service Ribbon from her DD Form 214
* adding award of the Iraq Campaign Medal with two bronze service stars and Overseas Service Ribbon (2nd Award) to her DD Form 214
_____________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) AR20120009739
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