IN THE CASE OF:	  

		BOARD DATE:	  	  24 February 2009

		DOCKET NUMBER:  AR20080018878 

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 records be corrected to add her first deployment in Iraq from 24 October 2004 to 10 March 2005.  She also requests, in effect, that her records be corrected to show the award she earned during that deployment.

2.  The applicant states, in effect, she did not have the proper documentation at the time of her ETS (expiration term of service), so her first deployment to Iraq and her award was never added to her DD Form 214 (Certificate of Release or Discharge from Active Duty), but now she has the necessary paperwork.
  
3.  The applicant provides a copy of her DD Form 214, a DD Form 638 (Recommendation for Award) confirming award of the Army Achievement Medal (AAM), and a DA Form 4980-18 (AAM Certificate) in support of her application.  

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows she enlisted in the Regular Army on 21 January 2004.  She completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 45G (Fire Control Repairer).  The highest grade she held was specialist (SPC)/E-4.

2.  The applicant submitted a copy of an AAM certificate and a copy of a DA Form 638 that shows Permanent Order Number 031-117, dated 31 January 2005, issued by Headquarters, 515th Forward Support Battalion, Baghdad, Iraq, awarded her the Army Achievement Medal in support of Operation Iraqi Freedom II from 25 October 2004 to 20 March 2005.

3.  During the processing of this case, a staff member of the Board contacted a Defense Finance and Accounting Service (DFAS) official to verify the dates the applicant received imminent danger pay (IDP).  In the DFAS official's response, records show the applicant received IDP while serving in Kuwait/Iraq from October 2004 through March 2005.

4.  On 25 May 2008, the applicant was released from active duty and transferred to an Army National Guard (ARNG) unit in Killeen, Texas.  She had completed a total of 4 years, 4 months, and 5 days of creditable active service. 

5.  Her DD Form 214 shows she was awarded the Army Commendation Medal, the Army Achievement Medal, the Army Good Conduct Medal, the National Defense Service Medal, the Global War on Terrorism Service Medal, the Humanitarian Service Medal, the Iraq Campaign Medal with one bronze service star, the Army Service Ribbon, the Overseas Service Ribbon, and the Driver and Mechanic Badge with Driver-W Bar.

6.  Item 12f (Foreign Service) of the applicant's DD Form 214 contains the entry "0001 [years]  03 [months]  00 [days]."

7.  Item 18 (Remarks) of the applicant's DD Form 214 shows the applicant was deployed to Iraq from 3 July 2006 through 30 October 2007.

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

9.  Army Regulation 600-8-22 (Military Awards) 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. 

Because counter-terrorism operations are global in nature, the AOE for an approved operation may be deemed to be non-contiguous.  The Combatant Commander has the authority to approve award of the medal for units and personnel deployed within his or her theater.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM. 

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, or meet one of the following criteria:

(1)  be engaged in actual combat against the enemy and under 
circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE;

(2)  is killed, wounded or injured requiring medical evacuation from the AOE 
while participating in the designated operation, regardless of time; or 

(3)  service members participating as a regularly assigned air crew member 
flying sorties into, out of, within, or over the AOE in direct support of Operations Enduring Freedom and/or Iraqi Freedom are eligible to qualify for award of the GWOTEM.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 consecutive or 60 nonconsecutive day requirement. 

Service members may be awarded both the GWOTEM and the Global War on Terrorism Service Medal (GWOTSM) if they meet the criteria for both awards; however, the qualifying service used to establish eligibility for one award cannot be used to justify eligibility for the other award.  Only one award of the GWOTEM may be authorized to any individual; therefore, second or subsequent awards will not be awarded. 

Initial award of the GWOTEM is limited to service members deployed abroad in Operations ENDURING FREEDOM and IRAQI FREEDOM in the following designated specific geographic areas of eligibility (AOE): Afghanistan, Algeria, Bahrain, Bosnia-Herzegovina, Bulgaria (Bourgas), Chad, Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Georgia, Hungary, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kosovo (only specific GWOT operations not associated with operations qualifying for the Kosovo Campaign Medal), Kuwait, Kyrgyzstan, Lebanon, Mali, Mauritania, Niger, Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey, Turkmenistan, Uganda, United Arab Emirates, Uzbekistan, Yeman, that portion of the Arabian Sea north of 10 degrees north latitude and west of 68 degrees longitude, Bab El Mandeb, Gulf of Aden, Gulf of Aqaba, Gulf of Oman, Gulf of 
Suez, that portion of the Mediterranean Sea east of 28 degrees east longitude and boarding and searching vessel operations, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal.
10.  Army Regulation 635-5 (Personnel Separations - Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of a Soldier's military service.  It is important that information entered on the form should be complete and accurate.

11.  Army Regulation 635-5 states that for item 12f, from the Enlisted Record Brief (ERB), enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period).

12.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that her records should be corrected to show her first tour in Iraq and that her records should be corrected to show she received an award for this deployment was carefully considered and found to have partial merit.

2.  The evidence of record provides sufficient evidence showing her service in Iraq in support of Operation Iraqi Freedom II during the period from 25 October 2004 to 10 March 2005.  Therefore, the applicant is entitled to have her records corrected to show "SERVICE IN KUWAIT/IRAQ FROM 20041025 - 20050310."

3.  Item 12f currently shows 1 year and 3 months of foreign service based on her deployment to Iraq from 30 July 2006 – 30 October 2007.  Records also confirm she served in Kuwait/Iraq from 25 October 2004 – 10 March 2005, a period equal to 4 months and 16 days.  Therefore, she is entitled to correction of item 12f to show a total of 1 year, 7 months, and 16 days of foreign service.

4.   Records show that the applicant served in Iraq from 25 October 2004 – 
10 March 2005 which is a qualifying period of service for award of the GWOTEM.  Therefore, she is entitled to correction of her records to show this award.

5.  Item 13 of her DD Form 214 already shows an award of the Army Achievement Medal.  However, there are no documents in her Official Military Personnel File (OMPF) or her interactive Personnel Electronic Records Management System (iPERMS) records to validate the period of service for the AAM currently reflected on her DD Form 214.  As such, there is insufficient evidence to confirm whether the AAM already reflected on her DD Form 214 is one in the same.  Therefore, she is not entitled to have her records corrected to show an additional award of the Army Achievement Medal.

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:

   a.  deleting from item 12f of her DD Form 214 the entry "0001 03 00";
   
   b.  adding to item 12f of her DD Form 214 the entry "0001 07 16";
   
   c.  adding to item 13 of her DD Form 214 the Global War on Terrorism Expeditionary Medal; and
   
   d.  adding to item 18 of her DD Form 214 the entry "SERVICE IN KUWAIT/IRAQ FROM 20041025 – 20050310."

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 an additional award of the Army Achievement Medal to her DD Form 214.



      __________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)                                         AR20080018878



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1