IN THE CASE OF:	

		BOARD DATE:	      17 SEPTEMBER 2009

		DOCKET NUMBER:  AR20090009358 


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 she be awarded the Good Conduct Medal and correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her deployment in support of Operation Enduring Freedom.

2.  The applicant states that she believes that the change to the digital system and simple oversight were the cause of the errors in her record.  She states that she had someone else’s’ Enlisted Record Brief (ERB) in her record in the Integrated Personnel Electronic Records Management Systems (iPERMS) and that she cannot find her own ERB.  She states that her certificate showing that she was awarded the Army Achievement Medal verifies that she was deployed during Operation Enduring Freedom.

3.  The applicant provides a copy of her State of Florida Marriage Record; a copy of her DD Form 4187 (Personnel Action) dated 10 June 2007, requesting that her last name be changed; a copy of her DD Form 214; a copy of her DA Form 20 (Personnel Qualification Record); and a copy of a certificate showing that she was awarded the Army Achievement Medal.

CONSIDERATION OF EVIDENCE:

1.  On 9 September 1999, the applicant enlisted in the Regular Army in Des Plaines, Illinois, for 4 years, in the pay grade of E-1.  She successfully completed her training as an automated logistical specialist.

2.  The certificate that the applicant submitted shows that she was awarded the Army Achievement Medal for meritorious achievement while deployed as a participant in Operation Enduring Freedom from 14 November 2001 through 4 April 2002.  The certificate also shows that she was assigned to Headquarters and Headquarters Company, 2nd Brigade, 1st Cavalry Division when she was awarded the Army Achievement Medal on 19 February 2002.  Information obtained from iPERMS shows that she was deployed to Kuwait in support of Operation Enduring Freedom. 

3.  On 20 December 2003, the applicant was honorably released from active duty (REFRAD) under the provisions of Army Regulation 635-200, chapter 4, at the completion of her required active service.  She was transferred to the United States Army Reserve Group (Reinforcement) to complete her Reserve obligation.

4.  The DD Form 214 that she was furnished at the time of her REFRAD shows that she was awarded the Army Lapel Button, the Army Achievement Medal, the National Defense Service Medal, the Noncommissioned Officer’s Professional Development Ribbon, the Army Service Ribbon, the Expert Marksmanship Qualification Badge w/Grenade Bar, and the Marksman Marksmanship Qualification Badge w/Rifle Bar.

5.  A review of the applicant’s records does not contain any derogatory information that would have disqualified the applicant for the Good Conduct Medal during her period of enlisted service on active duty ending 20 December 2003.

6.  On 23 August 2005, the applicant enlisted in the Army National Guard of the United States for 2 years and 12 weeks.  She was honorably discharged from the Army National Guard on 23 May 2008 to accept an appointment as a Reserve commissioned officer in the rank of second lieutenant (O-1).

7.  The applicant accepted an appointment as a Reserve commissioned officer on 24 May 2008 and she was ordered to active duty for 6 years, effective 26 October 2008.  

8.  A review of the applicant’s records indicates that she is currently a USAR commissioned officer, in an active status, serving in the rank of second lieutenant.  A review of iPERMS does not show the ERB of another individual contained in her personnel records.  However, the applicant’s ERB is not contained therein.



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

10.  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.  Battalion commanders and commanders of separate units have the authority to award the GWOTSM for approved operations to units and personnel within his or her command.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days, or meet one of the following criteria:  

	(1)  initial award of the Global War on Terrorism Service Medal is limited to airport security operations (from 27 September 2001 through 31 May 2002) and Soldiers who supported Operations NOBLE EAGLE, ENDURING FREEDOM, and IRAQI FREEDOM; or

	(2)  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. 

11.  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.  The general area of eligibility 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 area of eligibility 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 Global War on Terrorism Expeditionary Medal.  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, 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 area of eligibility;
   
   (2), is killed, wounded or injured requiring medical evacuation from the area of eligibility 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 area of eligibility in direct support of Operations Enduring Freedom and/or Iraqi Freedom are eligible to qualify for award of the Global War on Terrorism Expeditionary Medal.  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. 

12.  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 item 18 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that she should be awarded the Good Conduct Medal and her DD Form 214 should be corrected to show her deployment in support of Operation Enduring Freedom.

2.  Her contentions have been noted.  Her Army Achievement Medal certificate shows that she was deployed in support of Operation Enduring Freedom from 14 November 2001 through 4 April 2002 and information obtain from iPERMS shows that the country to which she was deployed was Kuwait.  Therefore, in accordance with the applicable regulation this information should be included on her DD Form 214 at this time.

3.  The applicant is qualified for the award of the Good Conduct Medal.  There is no evidence in the available record that would have excluded her from being awarded this medal and her DD Form 214 should be corrected accordingly.

4.  Additionally, the applicant is entitled to the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal based on the criteria contained in the Army Regulation 600-8-22.  This award should be included on her DD Form 214.

5.  However, as previously stated a review of iPERMS does not show the ERB of another individual contained in her personnel records.  If the applicant desires to have her ERB included in iPERMS she should submit a copy of her ERB to the Department of the Army Human Resources Command and request that it be included therein.  However, it should be noted that the ERB may have been removed as she is no longer an enlisted member.

6.  In view of the foregoing, it would now be appropriate to correct her records as recommended below.

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 Good Conduct Medal for exemplary service from 9 September 1999 through 20 December 2003, while serving in the rank of specialist (E-4);
   
   
   
   
   
   b)  amending item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on her DD Form 214 to include the Good Conduct Medal, the Global War on Terrorism Service Medal, and the Global War on Terrorism Expeditionary Medal; and
   
   c)  amending item 18 (Remarks) on her DD Form 214 to show "SERVICE IN KUWAIT FROM 20011114-20020404";




      _______ _   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)                                         AR20090009358





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090009358



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1