IN THE CASE OF:	  

		BOARD DATE:	       2 JUNE 2009

		DOCKET NUMBER:  AR20080019691 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all awards to which she is entitled for her service in Iraq from 15 April 2003 to 5 July 2003.

2.  The applicant states that she is entitled to medals for service in Iraq.

3.  The applicant provides a copy of her DD Form 214 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 (RA) on 2 July 2001.  At the completion of the required training, she was awarded military occupational specialty (MOS) 91W (health care specialist).  Her highest grade attained was specialist (SPC)/E-4.

3.  The applicant provided an award certificate, dated 15 June 2003, which shows she was awarded the Army Commendation Medal for meritorious service from 20 April 2003 to 15 June 2003 by the 86th Combat Support Hospital, 101st Airborne Division (Air Assault), Fort Campbell, KY, Permanent Orders Number 138-06.

4.  Item 18 (Remarks) on her DD Form 214 shows she served in Kuwait/Iraq from 15 April 2003 to 5 July 2003.

5.  The applicant was honorably discharged on 20 February 2004 in the rank of SPC.  At the time of her discharge she had completed 2 years, 7 months, and
19 days of active military service.  There is no record of any disciplinary action against the applicant.

6.  The applicant's DD Form 214 shows she was awarded the National Defense Service Medal and the Army Service Ribbon.  

7.  In a 4 May 2009 letter to the applicant, the Board analyst informed her that she had to decide whether to receive the Iraq Campaign Medal or the Global War on Terrorism Expeditionary Medal (GWOTEM) for her service in Iraq.  However, she did not respond within the allotted timeframe.  She was advised that if she did not respond to the letter, she would be considered for award of the Iraq Campaign Medal vice the GWOTEM.

8.  Army Regulation 600-8-22 (Military Awards) states that the 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 (GWOT) operations on or after 11 September 2001 to a date to be determined.

9.  Army Regulation 600-8-22 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 GWOT operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined.



10.  Army Regulation 600-8-22 states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom.  
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 Operation Iraqi Freedom.  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.  A bronze service star is authorized for the Liberation of Iraq (19 March 2003 to 1 May 2003); the Transition of Iraq (2 May 2003 to 28 June 2004); the Iraqi Governance (29 June 2004 to 15 December 2005); and the National Resolution (16 December 2005 to a date to be determined).

11.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant served a period of qualifying service in Iraq for award of the GWOTEM, and the Iraq Campaign Medal with two bronze service stars.  She also served a period of qualifying service for award of the GWOTSM.

2.  The applicant did not provide her preference for award of the Iraq Campaign Medal or the GWOTEM.  Therefore, as the campaign medals are normally considered higher awards than the GWOTEM, her DD Form 214 should be amended to reflect the Iraq Campaign Medal with two bronze service stars and the GWOTSM.

3.  Permanent orders show the applicant was awarded the Army Commendation Medal.  Therefore, her DD Form 214 should be amended to reflect this award. 


4.  It appears the applicant met the regulatory requirements for the first award of the Good Conduct Medal for a qualifying period from 2 July 2001 through 20 February 2004.  The applicant’s service records show she completed 2 years, 7 months, and 29 days of active military service with the termination of a period of Federal military service and was promoted to SPC during this period.  There is also no evidence of any disciplinary actions against the applicant and no record of a commander's disqualification for award of the Good Conduct Medal.  Therefore, her records should be 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.  awarding her the first award of the Good Conduct Medal for the period      2 July 2001 through 20 February 2004; and

	b.  adding to item 13 of her DD Form 214 the Army Commendation Medal, Good Conduct Medal (first award), Iraq Campaign Medal with two bronze service stars, and the GWOTSM.



      _________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)                                         AR20080019691



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ABCMR Record of Proceedings (cont)                                         AR20080019691



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