IN THE CASE OF:	  

		BOARD DATE:	  6 November 2008

		DOCKET NUMBER:  AR20080012623 


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 correction of her military records to show award of the Armed Forces Expeditionary Medal, the Iraq Campaign Medal with one bronze service star, and, in effect, the Meritorious Unit Commendation. 

2.  The applicant states, in effect, that she participated in Operation Joint Forge and the Armed Forces Expeditionary Medal should be added to her DD Form 214 (Certificate of Release or Discharge from Active Duty), with the period ending 30 November 2003.  She further states that at the time of discharge from active duty she was awarded the Global War on Terrorism Expeditionary Medal and would like it replaced with the Iraq Campaign Medal with one bronze service star.  In addition, the applicant in effect requests award of the Meritorious Unit Commendation for serving with the 801st Maintenance Support Battalion.

3.  The applicant provides her DD Form 214 and a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 
23 May 2005.

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 1 September 1992 and successfully completed basic training and advanced individual training.  She was awarded military occupational specialty 63W (Wheel Vehicle Repairer).

3.  The 2nd Brigade Combat Team, 1st Armored Division awarded the applicant a certificate of achievement for her outstanding performance in support of Operations Joint Guard and Joint Forge for the period 21 June 1998 through 
8 October 1998.

4.  On 30 November 2003, the applicant was honorably discharged after completing a total of 11 years and 3 months of creditable active service.

5.  The applicant's DD Form 214 with the ending period of 30 November 2003 shows she was awarded the Army Achievement Medal 5th Award, the Bronze Star Medal, the Army Commendation Medal 2nd Award, the Army Good Conduct Medal 3rd Award, the National Defense Service Medal 2nd Award, the Armed Forces Service Medal, the Noncommissioned Officer's Professional Development Ribbon, the North Atlantic Treaty Organization (NATO) Medal 2nd Award, the Army Service Ribbon, the Overseas Service Ribbon, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the Driver and Mechanic Badge.

6.  Item 8 (Last Duty Assignment and Major Command) of the applicant's DD Form 214 shows she was assigned to the Heavy Maintenance Company, 801st Combat Support Battalion.  Item 18 (Remarks) shows she was deployed to Bosnia for the period 20 June through 16 October 1998 and was deployed to Kuwait/Iraq for the period 28 February 2003 through 3 June 2003.  

7.  A DD Form 215, dated 23 May 2005, was issued to the applicant which amended item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 with the period ending 30 November 2003 by adding the Global War on Terrorism Expeditionary Medal and the Global War on Terrorism Service Medal.

8.  A search of the U. S Army Human Resource Command's Awards Branch Unit Awards data base indicates that the 801st Support Battalion is pending approval/disapproval for award of the Meritorious Unit Commendation.

9.  Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom.  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 Operation Iraqi Freedom.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement or period of service.  A bronze service star is authorized for the following campaigns:  Liberation of Iraq 19 March 2003 – 1 May 2003, Transition of Iraq 2 May 2003 – 28 June 2004, Iraqi Governance 29 June 2004 – 15 December 2005, and National Resolution 16 December 2005 – Date to be determined.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days, for qualifying service in support of Operation Joint Forge in the former Republic of Yugoslavia during the period 21 June 1998 to a date to be determined.  The Armed Forces Expeditionary Medal will be awarded only for operations for which no other U.S. campaign medal is approved.  No individual will be eligible for both the Armed Forces Expeditionary Medal and a campaign medal awarded during a single tour in the designated operation.  

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Armed Forces Service Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days, for qualifying service in support of Operation Joint Forge during the period 21 June 1998 to a date to be determined.




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that she should be awarded the Armed Forces Expeditionary Service Medal.  Evidence of record shows that she served in support of Operation Joint Forge during the period 21 June 1998 through 
8 October 1998.  However, her DD Form 214 indicates that she was awarded the Army Service Medal for the above operation.  Army Regulation 600-8-22 states that the Armed Forces Expeditionary Medal will be awarded only for operations for which no other U.S. campaign medal is approved.  Since the applicant was awarded the Armed Forces Service Medal for her service in Bosnia, she is not eligible for the Armed Forces Expeditionary Medal.

2.  Based on the applicant's DD Form 214 that shows she was deployed in support of Operation Iraqi Freedom, she is eligible for awards of the Iraq Campaign Medal with one bronze service star for her service in Iraq.  This award should be added to her DD Form 214.

3.  It is acknowledged that the 801st Maintenance Support Battalion is pending award of the Meritorious Unit Commendation, but the award is not yet approved. Therefore, at this time there is no basis for adding the Meritorious Unit Commendation to the applicant's records.

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:

		a.  by deleting the entry "GLOBAL WAR ON TERRORISM EXPEDITIONARY MEDAL" in item 13 of the applicant's DD Form 214; and 

		b.  by amending her DD Form 214 in item 13 to add the Iraq Campaign Medal with one bronze service star.
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 the applicant's records to show she was awarded the Armed Forces Expeditionary Medal and the Meritorious Unit Commendation.




      ____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)                                         AR20080012623





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ABCMR Record of Proceedings (cont)                                         AR20080012623



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