IN THE CASE OF:	  

		BOARD DATE:	        13 January 2009

		DOCKET NUMBER:  AR20080012304 


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 that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her service in Iraq and award of the Army Achievement Medal (AAM).

2.  The applicant states that she served with the 507th Maintenance Company in Iraq from 19 February - 12 June 2003.  She contends that she also received the AAM and it was not annotated on her DD Form 214.

3.  The applicant provides a copy of her DD Form 214, a copy of a memorandum which verifies her deployment, and a copy of her DA Form 638 (Recommendation for Award).

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 served in the Regular Army from 9 April 2002 through
21 January 2004.  She attained the grade of private first class (PFC)/E-3.  She was honorably discharged under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 8, due to pregnancy.  Her DD Form 214 shows that she received the National Defense Service Medal and the Army Service Ribbon.

3.  The applicant provided a copy of a memorandum for record from the Commander, 507th Maintenance Company, 5th Battalion, 52nd Air Defense Artillery, Fort Bliss, Texas, dated 5 February 2003, verifying her deployment in February 2003.

4.  Contact with the Defense Finance and Accounting Service (DFAS) confirmed that the applicant received hostile fire pay (HFP) for the period from 1 February – 30 June 2003.  Payment is based on the month of arrival to and the month of departure from an authorized HFP location. 

5.  Permanent Order Number 136-17, Headquarters, 5th Battalion, 52nd Air Defense Artillery, dated 16 May 2003, awarded the applicant the AAM for the period 27 December 2002 – 18 March 2003.

6.  Review of the applicant's record indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

7.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility on or after 11 September 2001 to a future date to be determined. 

8.  Army Regulation 600-8-22 states that the Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and 


outside 200 nautical miles of the shores of the United States.  The Secretary of Defense, when recommended by the Chairman, Joint Chiefs of Staff, will designate the specific area of eligibility per qualifying operation.  Service members must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE.

9.  Army Regulation 600-8-22 states that individuals authorized the Iraq Campaign Medal (ICM) 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 ICM 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.

10.  A directive issued by the Department of Defense on 16 April 2008 designated four phases of OIF as qualifying for a campaign star.  The applicant's records show that she participated in the Liberation of Iraq from 19 March to        1 May 2003 and the Transition of Iraq from 2 May 2003 to 28 June 2004 campaigns during her tour of duty in Iraq.  This same regulation states that a bronze service star will be awarded for wear on the ICM for participation in each campaign.

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for:

	a.  item 12f (Foreign Service), enter the total amount of foreign service completed during this period of service;

   b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), lists awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22; and
   
   c.  item 18 (Remarks), for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."




DISCUSSION AND CONCLUSIONS:

1.  Orders awarded the applicant the AAM for meritorious achievement during the period from 27 December 2002 - 18 March 2003.  Therefore, she is entitled to have her record corrected to show this award.

2.  The available evidence shows that the applicant served in Kuwait/Iraq during the period from 19 February - 12 June 2003, for a total of 3 months and 22 days. Therefore, she is entitled to have her record corrected to show this service.

3.  The applicant had a qualifying period of service for award of the GWOTSM.  Therefore, she is entitled to have her records corrected to show this award.

4.  The applicant served in Kuwait/Iraq during the period 19 February through
18 March 2003.  Therefore, she is entitled to award of the GWOTEM and correction of her records to show this award.

5.  The applicant's record also shows she continued her service in Kuwait/Iraq from 19 March to 12 June 2003 and participated in 2 campaigns while serving in Iraq.  Therefore, she is entitled to award of the ICM with 2 bronze service stars and correction of her records to show this award.

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 be corrected by:

	a.  amending item 12f of the applicant's DD Form 214 to read "0000  03  22";
	
   
   
   b.  adding to item 13 of the applicant's DD Form 214 the Army Achievement Medal, the Iraq Campaign Medal with two bronze service stars, the Global War on Terrorism Expeditionary Medal, and the Global War on Terrorism Service Medal; and

	c.  adding to item 18 of the applicant's DD Form 214 the statement "SERVICE IN KUWAIT/IRAQ FROM 20030219 - 20030612."


															XXX
      _______________________
                 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)                                         AR20080012304



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ABCMR Record of Proceedings (cont)                                         AR20080012304



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