IN THE CASE OF:	  

		BOARD DATE:	  	  15 January 2009

		DOCKET NUMBER:  AR20080008968 


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 record be corrected to show she served in Iraq from 6 January 2004 through 24 December 2005.  She also requests, in effect, that her record be corrected to show award of the Army Commendation Medal and the Army Achievement Medal.

2.  The applicant states, in effect, that her DD Form 214 (Certificate of Release or Discharge From Active Duty) erroneously shows she served in Iraq from 
6 January 2004 through 24 December 2006.  She also states she was awarded the Army Commendation Medal and the Army Achievement Medal.

3.  The applicant provides copies of certificates for the Army Commendation Medal and the Army Achievement Medal in support of his application.  

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows she enlisted in the Regular Army on 23 July 2002.  She completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 25Q (7D Multichannel Transmission Systems Operator - Maintainer).  The highest grade she held was specialist (SPC)/E-4.




2.  The applicant submitted a copy of an Army Achievement Medal certificate which shows that Permanent Order Number 169-6, 17th Signal Battalion, dated 
19 June 2003, awarded her the Army Achievement Medal for exceptionally meritorious achievement while serving in support of Operation Final Victory from 16 May 2003 through 31 May 2003.  

3.  The applicant submitted a copy of an Army Commendation Medal certificate which shows that Permanent Order Number 198-04, 7th Signal Brigade, dated 17 July 2006, awarded her the Army Achievement Medal for exceptionally meritorious service while assigned to the 17th Signal Battalion as a Transmission System Operator from 2 January 2003 through 20 July 2006.  

4.  On 22 July 2006, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) after completing a total of 4 years active military service. 

5.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbon Awarded or Authorized) of the applicant DD Form 214 shows the applicant received the following awards:  the Joint Meritorious Unit Award, the Army Good Conduct Medal, the National Defense Service Medal, the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Army Service Ribbon, and the Overseas Service Ribbon (2nd award). 

6.  Item 18 (Remarks) of the applicant's DD Form 214 shows she was deployed to Iraq twice during the periods 10 January through 10 August 2003 and              6 January 2005 through 24 December 2006.

7.  During the processing of this case, a staff member of the Board contacted a Defense Finance and Accounting Service (DFAS) official to ascertain if the applicant ever received hostile fire pay.  It was determined that the applicant received hostile fire or imminent danger pay (IDP) while serving in Kuwait from 1 January through 31 December 2005.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.

9.  Army Regulation 635-5 also states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18 (Remarks).

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Army Achievement Medal is awarded to members of the armed forces of the United States who, while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that her record should be corrected to show she was deployed to Iraq from 6 January 2004 through 31 December 2005 and to show award of the Army Commendation Medal and the Army Achievement Medal were carefully considered and found to have partial merit.

2.  Records at DFAS show the applicant served in Iraq from 6 January 2005 through 31 December 2005, there is no evidence in her record nor did the applicant submit any evidence which shows she began her second tour in Iraq on 6 January 2004.  It is acknowledged that her DD Form 214 erroneously shows she departed Iraq on 24 December 2006 (she was released from active duty in July 2006); however, she has not established a basis for correction of her record to show she arrived in Iraq on 6 January 2004.

3.  Permanent Orders Number 198-04 awarded the applicant the Army Commendation Medal.  Therefore, she is entitled to have her record corrected to show this award.

4.  Permanent Orders Number 169-6 also awarded the applicant the Army Achievement Medal.  Therefore, she is entitled to have her record corrected to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

   X___  ___ _X____  ____X___  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 amending her DD Form 214 issued on 22 July 2006 by adding the Army Commendation Medal and the Army Achievement Medal.

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 correcting her DD Form 214 issued on 22 July 2006 to show she served in Iraq from 6 January 2004 through 31 December 2005.




      ___________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.

ABCMR Record of Proceedings (cont)                                         AR20080008968



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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