IN THE CASE OF:	

		BOARD DATE:	  11 March 2010

		DOCKET NUMBER:  AR20090011700 


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 her service in Iraq.

2.  The applicant states her orders did not show the exact location of her overseas assignment and she had not received her award at the time of her discharge.

3.  The applicant provides, in support of her application, copies of her two
DD Forms 214 ending on 5 September 2002 and 30 December 2007; and her orders, certificate, and citation for award of the Joint Service Commendation Medal.

CONSIDERATION OF EVIDENCE:

1.  On 6 June 2000, the applicant enlisted in the Regular Army (RA).  She completed her initial training and she was awarded military occupational specialty (MOS) 97B (Counterintelligence Agent).  On 5 September 2002, she was discharged for the purpose of accepting a commission in the U.S. Army Reserve (USAR).  The applicant had attained the rank/grade of sergeant (SGT)/E-5 and had completed 2 years and 3 months of creditable active duty service.

2.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214 ending on 5 September 2002 lists her awards as the National Defense Service Medal and the Army Service Ribbon.
3.  On 6 September 2002, the applicant entered active duty in the rank/grade of second lieutenant (2LT)/O-1, as a counterintelligence officer.

4.  Defense Finance and Accounting Service (DFAS) records show that the applicant received hostile fire pay for her service in Iraq from 1 August 2006 to
28 February 2007.  DFAS has no record of the applicant's exact dates of service in Iraq.

5.  Permanent Orders 096-035, Headquarters, Joint Task Force, dated 6 April 2007, awarded the applicant the Joint Service Commendation Medal for the period 1 September 2006 to 6 February 2007.  The accompanying citation states that she had distinguished herself by exceptionally meritorious achievement as an intelligence analyst in support of Operation Iraqi Freedom.

6.  DA Form 1613 (Records Cross Reference), dated 30 November 2007, indicates the applicant received a DA Form 67-9 (Officer Evaluation Report) for the period from 10 August 2006 to 10 February 2007.  The actual OER is not available for review.

7.  On 30 December 2007, the applicant was honorably discharged by reason of miscellaneous/general reasons.  She had attained the rank/grade of captain (CPT)/O-3 and had completed 5 years, 3 months, and 25 days of net active service as a commissioned officer.

8.  Item 13 of her DD Form 214 ending on 30 December 2007 lists her awards as the Joint Service Commendation Medal, Army Commendation Medal (three awards), Army Achievement Medal (four awards), National Defense Service Medal, Armed Forces Expeditionary Medal, Global War on Terrorism Service Medal, Army Service Ribbon, "Air Forces Overseas Service Ribbon," North Atlantic Treaty Organization (NATO) Medal, and the Parachutist Badge.

9.  Item 18 (Remarks) of the applicant's DD Form 214 does not include any remarks regarding her deployed service to Iraq.
 
10.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that for item 12f, from the Enlisted Record Brief/Officer Record Brief (ERB/ORB), enter the total amount of foreign service completed during the period by the report.  It provides that for item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation
600-8-22 (Military Awards).  Each entry will be verified by the Soldier’s records. Do not use abbreviations.  It further provides that for a 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.

11.  Army Regulation 600-8-22 provides that the Army 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.  Release from enlisted status for immediate entry on active duty in an officer status is considered termination of service for awarding the Army Good Conduct Medal.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Iraq Campaign Medal.  Award of the Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation.  To qualify for award of this campaign medal, service members must have been assigned or attached to or mobilized with units operating in these areas of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:  a) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; b) be medically evacuated from the area of eligibility for wounds or injuries resulting from participation in an operation or official duties; or c) participates as a regularly assigned air crewmember flying sorties into, out of, within, or over the area of eligibility in direct support of the military operations [each day of operations counts as 1 day of eligibility].

13.  Army Human Resources Command Military Personnel (MILPER) Message Number 08-123 provides the guidance and criteria, applicability and standards on awarding and wear of service stars on the Iraq Campaign Medal (ICM).  It states, in pertinent part, that one bronze service star will be worn on the ICM for one or more days of participation in each designated campaign phase.  Approved designated ICM campaign phases and inclusive periods are listed below:

Liberation of Iraq/19 Mar 2003 - 1 May 2003 
Transition of Iraq/2 May 2003 - 28 Jun 2004 
Iraq Governance/29 Jun 2004 - 15 Dec 2005 
National Resolution/16 Dec 2005 – Date to be determined

14.  Army Regulation 600-8-22 provides, in pertinent part, for the gratuitous issue of the Army Lapel Button.  It is issued to Solders transitioning with an honorable characterization of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her DD Form 214 ending on 30 December 2007 should be corrected to show her service in Iraq.

2.  It appears that the applicant's OER for the period from 10 August 2006 to 
10 February 2007 reported her performance of duty while assigned in Iraq.  Therefore, it is reasonable to presume that this report shows her exact dates for that assignment.  Accordingly, the Army should correct Item 18 of her DD Form 214, ending on 30 December 2007, to show the entry "SERVICE IN IRAQ FROM 060810 - 070210."

3.  The evidence clearly shows that the applicant served during a qualifying period for award of the Iraq Campaign Medal with one bronze service star, Army Good Conduct Medal, and the Army Lapel Button.  Therefore, her records should be corrected to show these awards.

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 Army Good Conduct Medal for the period 6 June 2000 to 5 September 2002;

	b.  adding to item 13 of her DD Form 214 for the period ending 30 December 2007 the Army Good Conduct Medal, Iraq Campaign Medal with one bronze service star, and the Army Lapel Button; and
	c.  adding to Item 18 of her DD Form 214 for the period ending 30 December 2007 the entry "SERVICE IN IRAQ FROM 060810 – 070210.”



      ___________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)                                         AR20090011700



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ABCMR Record of Proceedings (cont)                                         AR20090011700



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