IN THE CASE OF:	  

		BOARD DATE:	8 September 2015

		DOCKET NUMBER:  AR20150001433


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) to show all missing medals, awards, and unit citations she is entitled to receive.

2.  The applicant states, in effect, her DD Form 214 does not list the Operation Iraqi Freedom (OIF) Medal (formally known as the Iraq Campaign Medal (ICM)) or a number of other medals she's eligible for.

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 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 U.S. Army Reserve on 17 September 1999.  After completing her initial entry training, she was awarded military occupational specialty 96B (Intelligence Analyst).

3.  She was mobilized in support of OIF and served on active duty from               4 February 2003 through 24 October 2003.  Her DD Form 214 shows in:

     a.  Item 8a (Last Duty Assignment and Major Command), the entry:  Company B, 203rd Military Intelligence Battalion, under U.S. Army Forces Command; 

     b.  Item 11 (Primary Specialty), the entry:  "96B  Intelligence Analyst";

	c.  Item 12c (Net Active Service This Period), the entry:  "0000  08  21" indicating she was credited with completing 8 months and 21 days of net active service during this period of active duty;

     d.  Item 12f (Foreign Service), the entry "0000  04  19" indicating she was credited with completing 4 months and 19 days of foreign service.

     e.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), indicating she was awarded or authorized the:

* Joint Service Achievement Medal
* National Defense Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon

     f.  Item 18 (Remarks), the entries:

* "Service in Southwest Asia 20030501-20030919"
* "Ordered to Active Duty in Support of Operation Iraqi Freedom IAW USC 12302"
* "Has Served in a Designated Imminent Danger Pay Area"

4.  Her available service record is void of:

* any documentation that shows what unit(s) she was assigned to while deployed, and if she physically was a part of a unit that moved north into Iraq with the initial liberating forces
* her enlisted record brief or DA Form 2-1 (Personnel Qualification Record - Part II)


5.  Army Regulation 600-8-22 (Military Awards) states: 

   a.  The Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in GWOT operations on or after 11 September 2001 to a date to be determined.  The general Area of Eligibility (AOE) 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.  The Secretary of Defense, when recommended by the Chairman, Joint Chiefs of Staff, will designate the specific AOE per qualifying operation. 

     b.  The ICM is awarded to members who have served in direct support of 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 ICM period of eligibility is on or after 19 March 2003 through 31 December 2011.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria: (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility while participating in an operation or on official duties, (2) is wounded or injured and requires medical evacuation from the area of eligibility, or (3) while participating as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations.  The ICM may be awarded posthumously, only one award of this medal may be authorized for any individual, and under no condition will personnel or units receive the ICM, the GWOTEM, the Global War on Terrorism Service Medal (GWOTSM), the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service.

     c.  Service members who qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005 in an area for which the ICM was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement or period of service.

     d.  The GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility on or after 11 September 2001 to a future date to be determined.  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 non-consecutive days are authorized the GWOTSM. 

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Army.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty, providing a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form is complete and accurate.  Chapter 2 contains specific guidance for preparation of the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of her DD Form 214 to show all missing medals, awards, and unit citations she is entitled to receive was carefully considered.  

2.  Her DD Form 214 shows she served in Southwest Asia in a designated imminent danger pay area during the period 1 May through 19 September 2003.  This service qualifies her for the GWOTEM, which is not shown on her DD Form 214.  Therefore, her DD Form 214 should be corrected to show this medal.   

3.  She served a qualifying period for award of the GWOTSM, which is not shown on her DD Form 214.  Therefore, her DD Form 214 should be corrected to show the GWOTSM.

4.  Her DD Form 214 shows she served in Southwest Asia during her period of active duty; however, her record is void of documentation that shows she physically served in Iraq.  Barring specific evidence that shows dates, unit(s), and locations of deployment outside of Southwest Asia (i.e., Kuwait), there is insufficient evidence to grant further combat service awards or medals.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 amending Item 13 of her DD Form 214 by adding the GWOTEM and GWOTSM.  

2.  The Board further determined that the evidence presented was 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 adding the ICM or awards other than those listed above on 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.























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ABCMR Record of Proceedings (cont)                                         AR20150001433



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