IN THE CASE OF:
BOARD DATE: 30 June 2015
DOCKET NUMBER: AR20140016428
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 a fifth bronze service star (i.e., a silver service star) for wear on her Iraq Campaign Medal.
2. The applicant states her January 20042005 deployment qualifies her for the fifth service star.
3. The applicant provides copies of her
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* 19 December 2003 deployment orders with personnel roster
* 15 January 2005 Memorandum for Record Statement of Service
* Memorandum for a name change
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 28 July 2002, completed training and was awarded the military occupational specialty 68W (Health Care Specialist).
3. Her integrated Personnel Electronic Records Management System (iPERMS) file contains orders for only her
* 1st Army Commendation Medal
* Army Achievement Medal
* Good Conduct Medal
* 1st Combat Action Badge
4. Her iPERMS file contains no copies of her deployment orders. The copy of 19 December 2003 orders, provided by the applicant, shows a temporary change of station from Germany to Iraq.
5. The 15 January 2005 Memorandum for Record authorized the following
* Joint Meritorious Unit Award
* Global War On Terrorism Expeditionary Medal
* Global War On Terrorism Service Medal
* to wear the Shoulder Sleeve Insignia for Former War Time Service
* to wear one Overseas Service Bar for each 183 days of consecutive days spent in the area of operations
6. Her July 2010 DD Form 214 shows her:
a. foreign service as
* 10 June 2003 14 January 2004 in Germany
* 15 January 2004 18 January 2005 in Iraq
* 19 January 2005 10 June 2005 in Germany
* 25 October 2008 14 October 2009 in Iraq
b. awards as
* Iraq Campaign Medal with four campaign stars
* Army Commendation Medal (2nd Award)
* Army Achievement Medal
* Joint Meritorious Unit Award
* Meritorious Unit Commendation
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Global War On Terrorism Expeditionary Medal
* Global War On Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon (3rd Award)
* Combat Action Badge
7. A review of her pay records at the Defense Finance and Accounting Service (DFAS) shows receipt of hazardous duty/imminent danger pay for the periods 15 January 2004 17 January 2005 and 25 October 2008 5 October 2009.
8. Army Regulation 600-8-22 (Military Awards) states:
a. The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF). The area of eligibility (AOE) 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 through 31 December 2011.
b. A bronze service star is authorized for wear with this medal for participation in each credited campaign. A silver service star is worn in lieu of five bronze service stars. 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 2010-31 December 2011)
DISCUSSION AND CONCLUSIONS:
1. The applicant qualified for the Iraq Campaign Medal with service during the Transition of Iraq and Iraqi Governance campaigns during her first tour in Iraq (15 January 2004 18 January 2005) and the Iraqi Surge and Iraqi Sovereignty campaigns during her second tour in Iraq (25 October 2008 5 October 2009).
2. Her service in Germany from 10 June 2003 14 January 2004 and 19 January 2005 10 June 2005 does not meet the AOE eligibility requirement for the Iraq Campaign Medal.
3. The applicant has not provided and the record does not contain any evidence to support award of a silver service star to be worn on her Iraq Campaign Medal at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20140016428
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ABCMR Record of Proceedings (cont) AR20140016428
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