RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 July 2007
      DOCKET NUMBER:  AR20060014896


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Jerome L. Pionk               |     |Member               |
|     |Mr. John G. Heck                  |     |Member               |

      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 award of the Global War on Terrorism
Expeditionary Medal for her deployment to Afghanistan and Kuwait and the
Global War on Terrorism Service Medal for her service at Fort Huachuca,
Arizona.  She further requests the Army Achievement Medals (First Oak Leaf
Cluster) and the Army Commendation Medals (First Oak Leaf Cluster) be
included on her Certificate of Release or Discharge from Active Duty (DD
Form 214).

2.  The applicant states that she served in Afghanistan from April 2002
until July 2002 and that she served in Kuwait from July 2002 until August
2002.  She states that she should be awarded the Global War on Terrorism
Expeditionary Medal and the Global War on Terrorism Service Medal.  She
states that she met the requirements for both medals in accordance with
Executive Order Number 13289; and that the order was implemented several
months after her discharge.  She states that she did not know that she was
eligible until an employee at the Department of Veterans Affairs Medical
Center pointed it out to her in September 2006.  She states that none of
her awards of the Army Achievement Medal and the Army Commendation Medal
are reflected on her DD Form 214.

3.  The applicant provides in support of her application a copy of her DD
Form 214; a copy of an approved Recommendation for Award of the Army
Commendation Medal dated 15 November 2000; a copy of an approved
Recommendation for Award for the Army Achievement Medal dated 30 November
2001; a copy of an approved Recommendation for Award of the Army
Commendation Medal (First Oak Leaf Cluster) dated 9 July 2002; a copy of an
approved Recommendation for Award of the Army Commendation Medal dated 29
March 2003; and copies of two Officer Evaluation Reports.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 7 May 2003.  The application submitted in this case is
dated 3 October 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.  On 8 May 1999, the applicant accepted an appointment as a commissioned
officer to the rank of second lieutenant (O1) in the United States Army
Reserve.  She was promoted to the rank of first lieutenant (O2) on 29
November 2000 and to captain on 1 October 2002.

4.  The available records show that on 15 November 2000, the applicant was
recommended for award of the Army Commendation Medal for meritorious
service while serving in 1-2 Aviation Battalion and on the Division Staff
of the 2nd Infantry Division, for the period covering 28 January 2000
through 28 January 2001.  The recommendation was approved on 26 December
2000 and Permanent Orders Number 364-002 was published awarding her the
Army Commendation Medal.

5.  On 30 November 2001, the applicant was recommended for award of the
Army Achievement Medal for outstanding performance as the push team officer
in charge during the deployment of Task Force Alpha in support of Operation
Enduring Freedom, for the period covering 25 October 2001 though
25 November 2001.  The recommendation was approved and Permanent Orders
Number 339-001 was published awarding her the Army Achievement Medal.

6.  On 9 July 2002, while at Bagram Airfield, Afghanistan, the applicant
was recommended for award of the Army Commendation Medal (First Oak Leaf
Cluster) for exceptionally meritorious achievement, while serving as a
Commercialization Planner for the 86th Signal Battalion Task Force, in
direct support of Operation Enduring Freedom, for the period covering 29
April 2002 though 15 July 2002.  The recommendation was approved and
Permanent Orders Number 191-37 was published awarding her the Army
Commendation Medal (First Oak Leaf Cluster).

7.  On 29 March 2003, the applicant was again recommended for award of the
Army Commendation Medal for meritorious service as a Platoon Leader for the
86th Signal Battalion and as the Brigade Training Officer for the period
covering 23 April 2001 though 31 March 2003.  The recommendation was
approved and Permanent Orders Number 101-01 was published awarding her the
Army


Commendation Medal.  This action was a third award of the Army
Commendation.  Therefore, she should have been awarded the Army
Commendation (Second Oak Leaf Cluster).

8.  Army Regulation 600-8-22 (Military Awards) provides that the Army
Commendation Medal may be awarded to any member of the Armed Forces of the
United States who, while serving in any capacity with the Army after
6 December 1941, distinguished himself or herself by heroism, meritorious
achievement or meritorious service.  As with all personal decorations,
formal recommendations, approval through the chain of command, and
announcement in orders are required.

9.  Army Regulation 600-8-22 further provides, in pertinent part, that the
first oak leaf cluster is awarded to denote the second and succeeding
awards of certain decorations, among which is the Army Commendation Medal.

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.  Human Resources Command Message (Date Time Group 17 March 2004)
disseminated implementing instructions for award of the Global War on
Terrorism Expeditionary Medal for soldiers who deploy abroad for service in
the Global War on Terrorism Operations on or after 11 September 2001 to a
date to be determined.  To be eligible for this award a Soldier must be
mobilized with or assigned or attached to a unit participating in
designated operations for 30 consecutive days or for 60 nonconsecutive days
in the areas of eligibility designated, or must meet one of the following
criteria: a)  be engaged in actual ground combat against the enemy and
under circumstances involving grave danger of death or serious bodily
injury from enemy action, regardless, of the time in the area of
eligibility; b) while participating in the designated operation, regardless
of time, is killed or wounded/injured requiring medical evacuation from the
area of eligibility, or c) participate as a regularly assigned air crew
member



flying sorties for 30 consecutive days or 60 nonconsecutive days into, out
of, within, or over the area of eligibility in direct support of Operations
Enduring Freedom and/or Iraqi Freedom.  The message also states that under
no condition will any Soldier in the United States receive this award.

12.  Soldiers may receive both the Global War on Terrorism Service Medal
and the Global War on Terrorism Expeditionary Medal if they meet the
requirements of both awards; however, the same period of service
establishing one cannot be used to justify service eligibility for the
other.

DISCUSSION AND CONCLUSIONS:

1.  Errors were made during the preparation of the applicant's DD Form 214
which resulted in the omission of the Army Achievement Medal and the Army
Commendation Medal (Second Oak Leaf Cluster).

2.  Her contentions have been noted.  However, the available records show
that she was cited in orders for one award of the Army Achievement Medal
and three awards of the Army Commendation Medal.  Therefore, these
decorations should have been included on her DD Form 214 at the time of her
discharge from the Army.

3.  Additionally, in accordance with the applicable regulation, the
applicant met the criteria for award of the Global War on Terrorism Service
Medal and the Global War on Terrorism Expeditionary Medal.  She was
deployed to Afghanistan in support of Operation Enduring Freedom and she
distinguished herself for meritorious achievement while she was on active
duty in the Army.  She is entitled to award of the Global War on Terrorism
Service Medal and the Global War on Terrorism Expeditionary Medal and her
DD Form 214 should be corrected to reflect these decorations.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 May 2003; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 6 May 2006.  The applicant did not file within the 3-year
statute of limitations; however, based on the available evidence, it would
be in the interest of justice to excuse failure to timely file in this
case.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JLP___  ___LDS__  __JGH__  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 the applicant the Global War on Terrorism Service Medal
and the Global War on Terrorism Expeditionary Medal; and


      b.  amending her DD Form 214 to show that she was awarded the Global
War on Terrorism Service Medal, the Global War on Terrorism Expeditionary
Medal, the Army Achievement Medal, and the Army Commendation (Second Oak
Leaf Cluster).

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
amending her DD Form 214 to show her entitled to a second award of the Army
Achievement Medal.




                            ___Linda D. Simmons________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060014896                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070726                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS AND DECORATIONS         |
|2.  66                  |107.0200/ARCOM                          |
|3.  71                  |107.0020/AAM                            |
|4.  1054                |107.0137/GWOTEM                         |
|5.  1055                |107.0138/GWOTSM                         |
|6.                      |                                        |


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