IN THE CASE OF:
BOARD DATE: 21 May 2015
DOCKET NUMBER: AR20140016489
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the award of the Iraq Campaign Medal.
2. The applicant states, in effect, that she served in Iraq/Kuwait but her award of the Iraq Campaign Medal was not added to her DD Form 214.
3. The applicant provides a copy of her 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 applicants records, though somewhat incomplete, show that she enlisted in the United States Army Reserve (USAR) on 15 August 2000 for a period of 8 years and training as an administrative specialist.
3. On 7 February 2003, she was ordered to active duty in support of Operations Enduring/Iraqi Freedom. She deployed to Kuwait/Iraq during the period 20030415 20040306.
4. On 4 April 2004, she was released from active duty (REFRAD) due to completion of required service. She had served 1 year, 1 month, and 28 days of active service. Her DD Form 214 issued at the time of her REFRAD shows that she was awarded the Army Commendation Medal, Army Reserve Components Achievement Medal, National Defense Service Medal, Armed Forces Reserve Medal with "M" Device, and the Army Service Ribbon.
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. 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 through 31 December 2011. 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)
6. 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 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant served during a qualifying period for award of the Iraq Campaign Medal with two bronze service stars and is entitled to have that award added to her DD Form 214.
2. Additionally, she served during a qualifying period for award of the GWOTSM and is entitled to have that award added to her DD Form 214 as well.
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 adding the awards of the Iraq Campaign Medal with two bronze service stars and the GWOTSM 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) AR20140016489
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ABCMR Record of Proceedings (cont) AR20140016489
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