IN THE CASE OF:	  

		BOARD DATE:	  	  30 April 2009

		DOCKET NUMBER:  AR20080019131 


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, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Achievement Medal with first oak leaf cluster, the Global War on Terrorism Expeditionary Medal, and the Driver and Mechanic Badge with Driver-W Bar (for wheeled vehicles).  The applicant also requests that the ending date of her deployment to Israel be corrected on her DD Form 214.

2.  The applicant states, in effect, that a typographical error resulted in an erroneous entry for the ending date of her deployment to Israel.  The applicant also states that she began outprocessing before the paperwork for her Army Achievement Medal with first oak leaf cluster and Global War on Terrorism Expeditionary Medal were finalized.  She continues that the Driver and Mechanic Badge with Driver-W Bar was omitted from her DD Form 214 as the result of an administrative oversight.  The applicant concludes that she was unaware of the process for having her record corrected until she recently visited the Department of Veterans Affairs.

3.  The applicant provides a DD Form 214, a DD Form 215 (Correction to
DD Form 214), a unit deployment order, a Statement of Service, an award order, an award recommendation, and an award certificate as documentary evidence 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's record shows that she enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 31 May 2000.  She was discharged from the DEP on 5 July 2000 and she enlisted in the Regular Army (RA) on
6 July 2000.  She completed basic combat and advanced individual training.  Upon completion of advanced individual training she was awarded military occupational specialty (MOS) 14E (Patriot Fire Control Operator).  The highest rank she attained while serving on active duty was the rank of specialist (SPC)/pay grade E-4.  On 9 April 2004, the applicant was honorably discharged after completing 3 years, 9 months, and 4 days of creditable active duty service.

3.  Block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows she was awarded the Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, and the Overseas Service Ribbon.  It does not show award of the Army Achievement Medal with first oak leaf cluster, the Global War on Terrorism Expeditionary Medal, or the Driver and Mechanic Badge with Driver-W Bar.

4.  Block 18 (Remarks) of the applicant's DD Form 214, in pertinent part, shows that she "deployed to Israel in support of Operation Iraqi Freedom and Operation Enduring Freedom during the periodof (sic) 7 January 2003 to 3 Mary (sic) 2007."

5.  Headquarters, V Corps, Order Number 42-62, dated 11 February 2003, deployed her unit to Israel in a Temporary Change of Station status in order to provide continued support to Operation Enduring Freedom.  The effective date was on or about 8 February 2003 and the duration of the deployment was for a period not to exceed 365 days or until mission completion, unless directed otherwise by the Commander.


6.  The applicant provides Headquarters and Headquarters Battery, 5th Battalion (Patriot), 7th Air Defense Artillery memorandum, dated 8 March 2004, Subject:  Statement of Service.  This memorandum certified that the applicant served in Israel as part of Operation Enduring Freedom and Operation Iraqi Freedom during the period of 7 January 2003 to 3 May 2003.

7.  5th Battalion (Patriot), 7th Air Defense Artillery, Permanent Order Number 182-026, dated 1 July 2003, awarded the applicant the Driver and Mechanic Badge with Driver-W Bar for the period of 1 March 2002 to 1 March 2003.

8.  DA Form 638 (Recommendation for Award), initiated on 14 November 2003, shows the applicant's Section Leader recommended her for award of the Army Achievement Medal with First Oak Leaf Cluster for her service during the period of 8 February 2003 to 1 May 2003.  Part I (Soldier Data), Block 8 (Previous Awards) of this form indicates the applicant had previously been awarded the Army Achievement Medal.  Block 22 of this form shows that, on 12 February 2004, an unidentifiable person certified that the applicant was eligible for an award in accordance with Army Regulation 600-8-22 (Military Awards) and that the information provided in Part I of the form was correct.  On 12 February 2004, the applicant's Battery Commander recommended approval of the award and added the following handwritten comment, "This Soldier worked above and beyond her normal duties.  She deserves this award!!"  On 25 February 2004, the approval authority, Lieutenant Colonel S____l T. P___r III, approved the award recommendation.  Part V (Orders Data) of this form is incomplete and does not contain a Permanent Order number, title of the approved award, the Adjutant's signature, or a date.

9.  DA Form 4980-18 (The Army Achievement Medal Certificate) shows the applicant was awarded the Army Achievement Medal for exceptional service in support of Operation Iraqi Freedom during the period of 8 February 2003 to 1 May 2003.  This form shows the authority for the award was 5th Battalion (Patriot), 7th Air Defense Artillery, Permanent Orders Number 049-05.  The form was authenticated by Lieutenant Colonel S____l T. P___r III, the same commander who approved the award on the aforementioned DA Form 638.

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

11.  Army Regulation 600-8-22 states that the Global War on Terrorism Service Medal 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.  All Soldiers on active duty, including Reserve Component Soldiers mobilized, or National Guard Soldiers activated on or after
11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.

12.  Army Regulation 600-8-22 states that the Global War on Terrorism Expeditionary Medal 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. 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 area of eligibility.  Initial award of the Global War on Terrorism Expeditionary Medal is limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in the following designated specific geographic areas of eligibility: 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 Global War on Terrorism 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.

13.  Soldiers may receive both the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal if they meet the requirements of both awards; however, the same period of service establishing one cannot be used to justify service eligibility for the other.

14.  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, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active 
duty.  The DD Form 214 provides a brief, clear-cut record of active duty service 

at the time of release from active duty, retirement, or discharge.  This regulation further 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her DD Form 214 should be corrected to show award of the Army Achievement Medal with first oak leaf cluster, the Global War on Terrorism Expeditionary Medal, and the Driver and Mechanic Badge with Driver-W Bar.  The applicant also contends that the ending date of her deployment to Israel should be corrected on her DD Form 214.  These contentions were carefully considered and determined to have merit.

2.  Permanent Orders awarded the applicant the Driver and Mechanic Badge with Driver-W Bar.  Therefore, the applicant is entitled to have her record corrected to show this award.

3.  Although the orders data is incomplete on the applicant's DA Form 638, the preponderance of evidence shows that Headquarters, 5th Battalion, 7th Air Defense Artillery Permanent Orders Number 049-05, as annotated on the applicant's Army Achievement Medal Certificate, awarded the applicant the Army Achievement Medal with first oak leaf cluster.  Therefore, the applicant is entitled to have her DD Form 214 corrected to show this award.

4.  Evidence shows that the applicant was deployed to Israel in support of Operation Enduring Freedom and Operation Iraqi Freedom with an ending month of "May," not "Mary."  Additionally, Army Regulation 635-5 contains a specific entry for active duty Soldiers deployed with their units during their continuous period of active service.  Therefore, the applicant's records should be corrected to show "SERVICE IN ISRAEL FROM 20030107 - 20030503" instead of the current entry in block 18 of her DD Form 214.

5.  Evidence shows the applicant served a qualifying period of service in a designated area of eligibility for award of the Global War on Terrorism Service Medal.  Therefore, the applicant is entitled to have her records corrected to show this award.

6.  Evidence shows the applicant served a qualifying period of service in a designated area of eligibility for award of the Global War on Terrorism Expeditionary Medal.  Therefore, the applicant is entitled to have her record corrected 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.  deleting from block 18 of the applicant's DD Form 214 the entry "SERVICE MEMBER DEPLOYED TO ISRAEL IN SUPPORT OF OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM DURING THE PERIODOF 7 JANUARY 2003 TO 3 MARY 2007";

	b.  adding to block 13 of the applicant's DD Form 214 the Army Achievement Medal with first oak leaf cluster, Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, and the Driver Badge with Driver-W Bar (for wheeled vehicles);

	c.  adding to block 18 of the applicant's DD Form 214 the entry "SERVICE IN ISRAEL FROM 20030107 - 20030503"; and

	d.  providing the applicant a correction to her DD Form 214 to show these changes.



   											___________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)                                         AR20080019131



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ABCMR Record of Proceedings (cont)                                         AR20080019131



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