IN THE CASE OF:	  

		BOARD DATE:	  11 December 2008

		DOCKET NUMBER:  AR20080014882 


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 add two awards of the Army Commendation Medal (ARCOM), three awards of the Army Achievement Medal (AAM), two awards of the Army Good Conduct Medal, the Kosovo Campaign Medal, the North Atlantic Treaty Organization (NATO) Medal, the Noncommissioned Officer Professional Development Ribbon (NPDR), the Iraq Campaign Medal, the Afghanistan Campaign Medal, and, in effect, the Driver and Mechanic Badge with Driver-W Bar.  

2.  The applicant also requests that her 7-month deployment to Kosovo, her       5-month deployment to Afghanistan, and her 12-month deployment to Iraq be added to her DD Form 214.  She further requests that the Primary Leadership Development Course (PLDC), the Combat Lifesavers Course, and the CSS (Combat Service Support) Control System Operator/Maintainer Course be added to her DD Form 214.

3.  The applicant states that not all her awards, military education, and deployments were entered on her DD Form 214.

4.  The applicant provides her Enlisted Record Brief (ERB); her DD Form 214; two Army Good Conduct Medal orders; two sets of ARCOM award certificates with related DA Forms 638 (Recommendation for Award); one AAM award 



certificate with related DA Form 638; two additional DA Forms 638 awarding her 
the AAM; orders awarding her the Global War on Terrorism Expeditionary Medal 
(GWOTEM); two certificates of training; a DA Form 1059 (Service School Academic Evaluation Report); a certificate of participation; and two deployment orders in support of her application.

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 28 August 1997.  She completed basic combat and advanced individual training and was awarded military occupational specialty 92Y (Unit Supply Specialist).

3.  Headquarters, 503d Military Police Battalion, Fort Bragg, NC, Permanent Order Number 30-1, dated on or about 23 January 2001, awarded the applicant the AAM.

4.  Bravo Detachment, 18th Personnel Services Battalion, Fort Bragg, Permanent Orders 046-23, dated 21 February 2001, awarded the applicant the Army Good Conduct Medal for the period 28 August 1997 to 27 August 2000.

5.  The applicant completed the 4-week PLDC on 8 March 2001.

6.  The applicant completed the 40-hour (i.e., 1-week) Combat Lifesaver Course on 23 August 2001.

7.  Task Force, 716th Military Police, Camp Bondsteel, Permanent Order Number 260-33, dated 17 September 2001, awarded the applicant the second award of the AAM.  


8.  The applicant provided a certificate of participation showing she served in Kosovo in support of NATO operation Joint Guardian from 21 May 2001 to          6 November 2001.

9.  Headquarters, 503d Military Police Battalion, Fort Bragg, Permanent Order Number 122-01, dated 2 May 2002, awarded the applicant the third award of the AAM.

10.  Headquarters, 16th Military Police Brigade, Baghdad, Iraq Permanent Order Number 250-7, dated 6 September 2004, awarded the applicant the ARCOM.  The related DA Form 638 indicates that she deployed to Afghanistan in support of Operation Enduring Freedom during the period 5 July 2002 to 8 January 2003.

11.  The applicant completed the 42-hour (i.e., about 1 week) CSS Control System Operator/Maintainer Course on 17 July 2003.

12.  Headquarters, 16th Military Police Brigade, Fort Bragg, Orders 260-3, dated 17 September 2003, awarded the applicant the second award of the Army Good Conduct Medal for the period 28 August 2000 to 27 August 2003.

13.  Headquarters, 16th Military Police Brigade, Baghdad, Iraq, Permanent Order Number 241-19, dated 28 August 2004, awarded the applicant the second award of the ARCOM.  The related DA Form 638 indicates that she deployed to Iraq     in support of Operation Iraqi Freedom during the period 12 January 2004 to        9 January 2005.  

14.  The applicant was honorably discharged on 16 June 2005.  Her DD Form 214 shows she was awarded the National Defense Service Medal, the Global War on Terrorism Service Medal (GWOTSM), and the Army Service Ribbon.  Item 12h (Foreign Service) does not show she performed any foreign service.  Item 18 (Remarks) does not list any deployments.  Item 14 (Military Education) shows she completed the Unit Supply Specialist Course in 1998.

15.  The applicant's ERB, dated 1 November 2004, shows she was awarded two ARCOMs, three AAMs, two Army Good Conduct Medals, the National Defense Service Medal, the Kosovo Campaign Medal, the NPDR, the Army Service Ribbon, the NATO Medal, the GWOTSM, the GWOTEM, and the Driver/Mechanic Badge.



16.  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 (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.  Service members qualified for the GWOTEM 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 GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement or period of service. 

17.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, to include the Iraq Campaign Medal and the Afghanistan Campaign Medal.

18.  Operation Iraqi Freedom campaigns are:  Liberation of Iraq (19 March 2003 through 1 May 2003); Transition of Iraq (2 May 2003 through 28 June 2004); Iraqi Governance (29 June 2004 through 15 December 2005); and National Resolution (16 December 2005 through a date to be determined).

19.  Army Regulation 600-8-22 states that individuals authorized the Afghanistan Campaign Medal must have served in direct support of Operation ENDURING FREEDOM (OEF).  The area of eligibility encompasses all land area of the country of Afghanistan and all air spaces above the land. The Afghanistan Campaign Medal period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF. Service members qualified for the GWOTEM by reasons of service between     24 October 2001 and 28 February 2005, in an area for which the Afghanistan Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Afghanistan Campaign Medal in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service. 



20.  Operation Enduring Freedom campaigns are:  Liberation of Afghanistan    (11 September 2001 through 30 November 2001); Consolidation I (1 December 2001 through 30 September 2006); and Consolidation II (1 October 2006 through a date to be determined).

21.  Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  

22.  A Frequently Asked Questions document from the U. S. Army Human Resources Command, Military Awards Branch, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed to Iraq or Afghanistan.  The document states "Question:  How long do I have to serve in Iraq or Afghanistan to be awarded the Overseas Service Ribbon?  Answer:  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  Provided is a clarification statement the proponent to Army Regulation 614-30 has provided our office:  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq (or Afghanistan) in a temporary change of station/tour of duty status get credit for a complete short tour.  Your reference is Army Regulation 614-30, Tables 3-2, rules 5 and 7.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by Department of Defense; therefore, the Army gives equivalent credit for periods of change of station/tour of duty."

23.  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 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 block 18.

24.  Army Regulation 635-5 states that item 14 will list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by title, length in weeks, and year completed.

25.  Informal research revealed that the Combat Lifesaver course is a basic medical care course for unit nonmedical personnel.  



DISCUSSION AND CONCLUSIONS:

1.  The applicant requested that her DD Form 214 be corrected to add two awards of the ARCOM, three awards of the AAM, two awards of the Army Good 
Conduct Medal, the Kosovo Campaign Medal, the NATO Medal, the NPDR, the Iraq Campaign Medal, the Afghanistan Campaign Medal, and the Driver and Mechanic Badge with Driver-W Bar.  

2.  The award orders provided by the applicant, combined with the information contained on her ERB, confirm that she was awarded two awards of the ARCOM, three awards of the AAM, two awards of the Army Good Conduct 
Medal, the Kosovo Campaign Medal, the NATO Medal, the NPDR, and the Driver and Mechanic Badge with Driver-W Bar.  These awards should be added to her DD Form 214.

3.  The applicant met the eligibility criteria for award of the Iraq Campaign Medal and the Afghanistan Campaign Medal.  She has already been awarded the GWOTEM; however, the two campaign medals and the GWOTEM may not be awarded for the same period of service.  Therefore, the applicant's request for the campaigns medals is accepted as her application for the two campaign medals in lieu of the GWOTEM.

4.  The applicant's service in Afghanistan makes her eligible for award of the Afghanistan Campaign Medal with one bronze service star.  Her service in Iraq makes her eligible for award of the Iraq Campaign Medal with two bronze service stars.  These awards should be added to her DD Form 214.

5.  The applicant also meets the eligibility criteria for award of one Overseas Service Ribbon by virtue of her 12-month tour in Iraq.  This award should also be added to her DD Form 214.

6.  The applicant provided sufficient evidence to show she deployed to Kosovo from 21 May 2001 to 6 November 2001, to Afghanistan from 5 July 2002 to         8 January 2003, and to Iraq from 12 January 2004 to 9 January 2005.  These deployments should be added to item 18 of her DD Form 214.

7.  The evidence provided by the applicant, combined with the information contained on her ERB, is accepted as sufficient to add the 4-week PLDC, the    1-week Combat Lifesavers Course, and the 1-week CSS Control System Operator/Maintainer Course to her DD Form 214.


8.  The available evidence shows that the applicant served 5 months and          16 days in Kosovo, 7 months and 4 days in Afghanistan, and 11 months and      28 days in Iraq, for a total of 2 years and 18 days of foreign service.  Item 12f of her DD Form 214 should be amended to show she served 2 years and 18 days of foreign service.

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.  adding two awards of the Army Commendation Medal, three awards of the Army Achievement Medal, two awards of the Army Good Conduct Medal, the Kosovo Campaign Medal, the NATO Medal, the Noncommissioned Officer Professional Development Ribbon, the Driver and Mechanic Badge with Driver-W Bar, the Afghanistan Campaign Medal with one bronze service star, the Iraq Campaign Medal with two bronze service stars, and one award of the Overseas Service Ribbon to her DD Form 214;

     b.  adding the entries, "SERVICE IN KOSOVO FROM 20010521 - 20011106," "SERVICE in AFGHANISTAN FROM 20020705 - 20030108," and "SERVICE IN IRAQ FROM 20040112 - 20050109" to item 18 of her DD Form 214;

     c.  adding the 4-week Primary Leadership Development Course, completed in 2001; the 1-week Combat Lifesavers Course, completed in 2001; and the 1-week CSS Control System Operator/Maintainer Course, completed in 2003, to item    14 of her DD Form 214; and




     d.  amending item 12f of her DD Form 214 to show she completed 2 years and 18 days of foreign service.



      _______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)                                         AR20080014882



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ABCMR Record of Proceedings (cont)                                         AR20080014882



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