RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  3 April 2007
	DOCKET NUMBER:  AR20060012438 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.




	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that her military records be corrected to show the award of the Iraq Campaign Medal, the Global War on Terrorism Service Medal, the Presidential Unit Citation, and the Combat Action Badge.  She also requests that she receive the Honorable Discharge Certificate which was not issued to her at the time of her release from active duty. 

2.  The applicant essentially states that she served in Iraq from March to June 2003, and returned home earlier than her unit due to her expiration of term of service (ETS).   She also essentially states that her peers from her unit in Iraq all received the above awards and decorations, but that she received nothing because she returned earlier and got out before they came home.  She further states that she would like to update her DD Form 214 (Certificate of Release or Discharge From Active Duty) and receive the awards that she is entitled to.  She also states that she never received her Honorable Discharge Certificate.

3.  The applicant provides her DD Form 214, a self-authored letter, dated 3 June 2005, addressed to the Army Reserve Personnel Center, St. Louis, Missouri, an e-mail, dated 17 August 2005 from the applicant to the Military Awards Branch, United States Army Human Resources Command, Alexandria, Virginia, and orders deploying her unit from Fort Stewart, Georgia to Kuwait on or about 
24 January 2003 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
11 August 2003, the date of her release from active duty.  The application submitted in this case is dated 18 August 2006.  

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant requested correction of her records to show award of the Combat Action Badge.  There are no orders or other evidence authorizing award of this decoration to the applicant.  In the absence of a proper award authority for this decoration, the applicant may request award of the Combat Action Badge through the United States Army Human Resources Command Military Awards Branch.  The applicant has been notified by separate correspondence of the procedures for applying for this decoration and, as a result, the Combat Action Badge will not be discussed further in this Record of Proceedings.

4.  The applicant’s DD Form 214 essentially shows that she was awarded the Army Commendation Medal with First Oak Leaf Cluster, the Army Achievement Medal with Silver Oak Leaf Cluster and Bronze Oak Leaf Cluster [to signify the 7th award], the Good Conduct Medal (2nd Award), the National Defense Service Medal, the Armed Forces Expeditionary Medal with Two Bronze Service Stars [to signify the 3rd award], the Global War on Terrorism Expeditionary Medal, the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, the Overseas Service Ribbon, the Northern Atlantic Treaty Organization (NATO) Medal, the Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and the Marksman Marksmanship Qualification Badge with Pistol Bar.

5.  The applicant requested award of the Iraq Campaign Medal, and essentially stated that she deployed to Iraq from March to June 2003.  It is known that she was awarded the Global War on Terrorism Expeditionary Medal for her deployment to Kuwait from 14 March 2002 to 15 September 2002.  However, the applicant provided orders deploying her unit from Fort Stewart, Georgia to Kuwait on or about 24 January 2003.  Also, her Noncommissioned Officer Evaluation Report (NCOER) for the period October 2002 through August 2003 clearly shows that she deployed to Iraq in support of Operation IRAQI FREEDOM, and that she supervised Soldiers during combat operations.  

6.  The applicant served on active duty for more than 30 consecutive days outside of the designated area of eligibility determined for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001.  However, her DD Form 214 does not show that she was awarded the Global War on Terrorism Service Medal.

7.  The applicant essentially stated that her unit in Iraq, the 3rd Military Police Company, 3rd Military Police Battalion, was awarded the Presidential Unit Citation.  However, she did not provide any evidence which shows that her unit in Iraq was awarded the Presidential Unit Citation.  A check of the approved unit awards on the United States Army Human Resources Command Military Awards website failed to show that either her company or battalion were awarded a unit award while she was assigned to those units.  

8.  The applicant essentially stated that she did not receive her Honorable Discharge Certificate when she was released from active duty.  However, she was not discharged at that time and was not entitled to receive an Honorable Discharge Certificate until such time as her Statutory Service Obligation (SSO) had expired.  The Human Resources Command – St Louis had the responsibility of providing her an Honorable Discharge Certificate when her SSO expired on 2 October 2004.

9.  Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation IRAQI FREEDOM (OIF).  The area of eligibility encompasses all land area of the country of Iraq, and 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.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19 March 2003 and 
28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement or period of service.  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; each day of operations counts as one day of eligibility.  Under no condition will a Soldier receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period or service. 

10.  Army Regulation 600-8-22 also provides, in pertinent part, that the Global War on Terrorism Service Medal is awarded to Soldiers who have participated in or served in support of Global War on Terrorism Operations outside of the designated area of eligibility determined for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a 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 nonconsecutive days are authorized this award.  

11.  Army Regulation 635-5 (Separation Documents) provides, in pertinent part, guidance on the issuance of Honorable Discharge Certificates.  It states, in pertinent part, that a DD Form 256A (Honorable Discharge Certificate) will be appropriately issued to all Soldiers receiving an honorable discharge. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her military records should be corrected to show the award of the Iraq Campaign Medal, the Global War on Terrorism Service Medal, and the Presidential Unit Citation.  She also contends that she should receive the Honorable Discharge Certificate which was not issued to her at the time of her release from active duty. 

2.  Evidence of record clearly shows that the applicant deployed to Iraq in support of Operation IRAQI FREEDOM, and that she led her team during combat operations.  Therefore, it is reasonable to presume that she was assigned to her unit in Iraq for 30 consecutive days and, as a result, she is entitled to award of the Iraq Campaign Medal, and correction of her military records to show the award of the Iraq Campaign Medal.

3.  The applicant served on active duty for more 30 consecutive days outside of the designated area of eligibility determined for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001.  Therefore, she is entitled to award of the Global War on Terrorism Service Medal, and correction of her military records to show the award of the Global War on Terrorism Service Medal.

4.  As it could not be conclusively shown that the applicant’s company or battalion in Iraq was awarded the Presidential Unit Citation, there is insufficient basis for granting relief to this portion of the applicant’s request.

5.  As the applicant claims that she did not receive her Honorable Discharge Certificate when she was released from active duty, while she was not entitled to an Honorable Discharge Certificate at that time, she is entitled to issuance of an Honorable Discharge Certificate effective 2 October 2004, the date her SSO expired.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 11 August 2003; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
10 August 2006.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the partial relief being granted in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___JI  ___  __SP ___  ___QS __  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 partial relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  awarding her the Iraq Campaign Medal and the Global War on Terrorism Service Medal; and

b.  issuing her a DD Form 256A (Honorable Discharge Certificate) which shows that she was honorably discharged from the Regular Army on 2 October 2004.

2.  The Board further determined that the evidence presented is 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 awarding her the Presidential Unit Citation.  




______ John Infante________
          CHAIRPERSON

INDEX

CASE ID
AR20060012438
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070403
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0140.0000
2.
107.0138.0000
3.
107.0031.0000
4.
110.0000.0000 (DD Form 256A)
5.
107.0143.0000 (CAB – Sec1130 Ltr)
6.
110.0400.0000