RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 April 2008
	DOCKET NUMBER:  AR20080002322 


	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.


 

Director

 

Analyst
      The following members, a quorum, were present:


 

Chairperson

 

Member

 

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, in effect, correction of her Certificate of Release or Discharge from Active Duty (DD Form 214) to show that she received the Presidential Unit Citation (Navy) as a member of a United States Army unit attached to the United States Navy.  She further requests award of the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal.

2.  The applicant states, in effect, that her DD Form 214 shows her Presidential Unit Citation (PUC) as “Army-Air Force,” and wants it to read “Navy.” She further states that she was deployed in support of Operation Enduring Freedom and Operation Iraqi Freedom and should have the Global War on Terrorism Service and Expeditionary Medals added to her records.

3.  The applicant provides copies of her DD Form 214, assignment memorandum, unit orders, deployment history, award orders, divorce and marriage documentation, social security card, PUC Citation, PUC (Navy) memorandum, and the Naval message announcing award of the PUC (Navy).  

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.  On 4 May 2000, the applicant enlisted in the Regular Army.  She completed her initial training and was awarded military occupational specialty 92Y (Unit Supply Specialist).

3.  On 4 December 2000, the applicant was assigned for duty with Headquarters and Headquarters Battery, 108th Air Defense Artillery Brigade (Patriot), at Fort Bliss, Texas.

4.  The applicant served with her unit in Southwest Asia in support of Operation Enduring Freedom and Operation Iraqi Freedom from 3 February 2003 to 
20 June 2003. 

5.  On 12 December 2003, Marine Administrative Message Number 578/03, announced award of the PUC (Navy) to recognize the Ist Marine Expeditionary Force for action in Operation Iraqi Freedom from 21 March to 24 April 2003.  It listed participating United States Army units including Headquarters and Headquarters Battery, 108th Air Defense Artillery Brigade. 

6.  On 3 May 2004, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).  She had attained the rank of sergeant, pay grade E-5, and had completed 4 years of creditable active duty service.

7.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 lists the Army Commendation Medal (three awards), Army Achievement Medal (three awards), Presidential Unit Citation (Army-Air Force), Army Good Conduct Medal, National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon, and the Army Service Ribbon.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Global War on Terrorism Service Medal.  This award is designated for 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.  

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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. 

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Global War on Terrorism Expeditionary Medal to Soldiers who deployed abroad in Operations Enduring Freedom and Iraqi Freedom in the following areas of eligibility (AOE):  Afghanistan, Bahrain, Bulgaria (Bourgas), Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lebanon, Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey (east of 35 east degrees east latitude), Turkmenistan, United Arab Emirates, Uzbekistan, Yemen, that portion of the Arabian Sea north of 10 degrees north latitude and west of 68 degrees longitude, Bab El Mandeb, Gulf of Aden, Gulf of Aqaba, Gulf of Oman, Gulf of Suez, that portion of the Mediterranean Sea east of 28 degrees east longitude, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Iraq Campaign Medal.  Award of the Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation.  The area of eligibility encompasses all land area of the country of Iraq and the contiguous sea area out to 12 nautical miles and the air space above these areas.  To qualify for award of this campaign medal, service members must have been assigned or attached to or mobilized with units operating in these areas of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:  a) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; b) be medically evacuated from the area of eligibility for wounds or injuries resulting from participation in an operation or official duties; or c)  participates 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].  This campaign medal may be awarded posthumously.  Only one award of the Iraq Campaign Medal may be 
authorized for any individual.  Service stars are not prescribed for wear with this medal; however, the Iraq Campaign Medal may be awarded with the bronze arrowhead device to eligible Soldiers.  Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal (GWOTEM) is no longer authorized to be awarded for service in Iraq; however, service members who qualified for the GWOTEM by reason of service between 19 March 2003 and 30 April 2005 in an area for which the Iraq Campaign Medal was subsequently authorized shall remain qualified for the GWOTEM.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for such service; however, no service member shall be entitled to award of the Iraq Campaign Medal and the GWOTEM for the same act, achievement or period of service.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence clearly and convincingly shows that the applicant’s unit was cited for award of the Presidential Unit Citation (Navy).  Furthermore, there is no evidence showing that the award was affiliated with the Air Force.  Therefore, her DD Form 214 should be corrected to show award of the Presidential Unit Citation (Navy).

2.  The evidence clearly shows that the applicant served in the United States Army during a qualifying period for award of the Global War on Terrorism Service Medal.  Therefore, her records should be corrected to show this award.

3.  The evidence clearly shows that the applicant served in a qualifying overseas area in support of Operation Iraqi Freedom for award of either the Iraqi Campaign Medal or the Global War on Terrorism Expeditionary Medal.  Since she has requested to receive the Global War on Terrorism Expeditionary Medal, her records should be corrected accordingly.  

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, in particular her 
DD Form 214, be corrected by:

	a.  deleting in Item 13: Presidential Unit Citation (Army-Air Force); and

	b.  adding in Item 13: Presidential Unit Citation (Navy), Global War on Terrorism Service Medal, and the Global War on Terrorism Expeditionary Medal.




      	_________x_____________
                		CHAIRPERSON





ABCMR Record of Proceedings (cont)                                         AR20080002322



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508