IN THE CASE OF:	  

		BOARD DATE:	       16 September 2008

		DOCKET NUMBER:  AR20080004130 


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, in effect, that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be amended to show two awards of the Army Achievement Medal (AAM), two awards of the Army Commendation Medal (ARCOM), two awards of the Army Good Conduct Medal, two certificates of achievement, and her deployment to Iraq.

2.  The applicant states that she was under medical care and brought in only to sign and verify that her personal information was correct on her DD Form 214.

3.  The applicant provides her DD Form 214; a memorandum for record, dated 18 October 2004, awarding the Presidential Unit Citation to named units of the 1st Armored Division; unit temporary change of station orders, dated 16 April 2003, with an attached deployment roster; a Supplemental Information Sheet; an ARCOM citation/order, dated 25 May 2000; an ARCOM citation/order, dated       8 July 2005, with the related DA Form 638 (Recommendation for Award); an AAM citation/order, dated 10 April 1999; an AAM citation/order, dated 7 January 2000; two Army Good Conduct Medal certificates, both for almost the same period of service but with different orders numbers and signed by different commanders; and two certificates of achievement, both dated 5 August 1999.

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 applicant enlisted in the Regular Army on 26 March 1997.  

3.  Headquarters, 1st Brigade, 10th Mountain Division, Permanent Orders Number 119-01, dated 10 April 1999, awarded the applicant the AAM for being the Soldier of the Month for the month of March 1999.

4.  The applicant provided two certificates of achievement, both dated 5 August 1999, showing she completed two independent study courses.

5.  Headquarters, 1st Battalion, 87th Infantry, 10th Mountain Division, Permanent Orders Number 7-09, dated 7 January 2000, awarded the applicant the AAM for the period 1 August to 15 August 1999.

6.  Permanent Orders Number 321-023 (issued by an unknown headquarters), undated, awarded the applicant the Army Good Conduct Medal for the period   26 March 1997 to 26 March 2000.

7.  Headquarters, 10th Mountain Division, Permanent Orders 132-01, dated      25 May 2000, awarded the applicant the ARCOM for the period 18 August 1997 to 25 May 2000.

8.  The applicant was assigned to Headquarters and Headquarters Company, 1st Battalion, 501st Aviation Regiment, 4th Brigade, 1st Armored Division, around July 2000.

9.  Permanent Orders Number 220-0154 (issued by an unknown headquarters), undated, awarded the applicant the Army Good Conduct Medal for the period   26 March 1997 to 25 March 2000.

10.  Orders, dated 16 April 2003, directed Headquarters and Headquarters Company, 4th Brigade, 1st Armored Division, to deploy on or about 26 April 2003.  The applicant’s name is on the accompanying deployment roster as deploying 1 May 2003.  
11.  The applicant provided a Supplemental Information Sheet showing she departed Iraq on 3 July 2003.

12.  Headquarters, Fires Brigade, 3d Infantry Division, Permanent Order Number 189-02, dated 8 July 2005, awarded the applicant the ARCOM.

13.  On 28 September 2004, the applicant was discharged for disability after completing 7 years, 6 months, and 3 days of creditable active service with no lost time.

14.  The applicant’s DD Form 214 shows she was awarded one ARCOM, the Presidential Unit Citation, one Army Good Conduct Medal, the National Defense Service Medal, the Global War on Terrorism Service Medal, the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, the Overseas Service Ribbon, the Army Lapel Button, and the Marksman Marksmanship Qualification Badge with Rifle bar.

15.  Item 18 (Remarks) of the applicant’s DD Form 214 does not show her deployment to Iraq.

16.  The applicant’s records contain no derogatory information and no evidence to show her commander disqualified her for award of the Army Good Conduct Medal (2d Award).  

17.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is normally 3 years of enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

18.  Army Regulation 600-8-22 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.  A bronze service star is authorized for the Liberation of Iraq (19 March 2003 to 1 May 2003); the Transition of Iraq (2 May 2003 to         28 June 2004); the Iraqi Governance (29 June 2004 to 15 December 2005); and the National Resolution (16 December 2005 to a date to be determined).

19.  Army Regulation 635-5 provides instructions for the preparation of the DD Form 214.  This regulation provides that certificates of achievement, letters of appreciation, and similar documents are not recorded on the DD Form 214.

20.  Army Regulation 635-5, in pertinent part, states that for active duty Soldiers deployed with their unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided evidence to show she was awarded two ARCOMs and two AAMs; however, her DD Form 214 shows that she was awarded only one ARCOM and no AAM.  Her DD Form 214 should be amended accordingly.

2.  The applicant provided two certificates showing she was awarded two Army Good Conduct Medals.  However, the second certificate is for almost the same period of time as shown on the first certificate (i.e., 26 March 1997 to 26 March 2000 for the first certificate and 26 March 1997 to 25 March 2000 for the second certificate). As there is no derogatory information in the applicant’s records and no evidence to show that her commander disqualified her for award of the Army Good Conduct Medal (2d Award), the second certificate appears to have contained typographical errors.

3.  It would be equitable to revoke Permanent Orders Number 220-0154 (issued by an unknown headquarters), undated, awarding the applicant the Army Good Conduct Medal for the period 26 March 1997 to 25 March 2000 and issuing new orders awarding her the Army Good Conduct Medal (2d Award) for the period   26 March 2000 through 25 March 2003.

4.  The applicant provided sufficient evidence to show she served in Iraq from     1 May 2003 through 3 July 2003, making her eligible for award of the Iraq Campaign Medal with one bronze service star.  This award should also be added to her DD Form 214.

5.  Certificates of achievement and similar documents are not authorized to be recorded on the DD Form 214.

6.  The applicant’s deployment to Iraq should be reflected in item 18 of her DD Form 214.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___xx___  __xx____  __xx____  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

     a.  revoking Permanent Orders Number 220-0154 (issued by an unknown headquarters), undated, and awarding her the Army Good Conduct Medal (2d Award) for the period 26 March 2000 through 25 March 2003; 

     b.  deleting the Army Commendation Medal and the Army Good Conduct Medal from her DD Form 214; 

     c.  adding the Army Commendation Medal (2d Award), the Army Achievement Medal (2d Award), the Army Good Conduct Medal (2d Award), and the Iraq Campaign Medal with one bronze service star to her DD Form 214; and

     d.  amending item 18 of her DD Form 214 to add the entry, “Service in Iraq from 20030501 – 20030703.”

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 adding two certificates of achievement to her DD Form 214. 




      _______ _xxxx______   ___
               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)                                         AR20080004130





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ABCMR Record of Proceedings (cont)                                         AR20080004130



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