IN THE CASE OF:	

		BOARD DATE:	 16 March 2010 

		DOCKET NUMBER:  AR20090016123 


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) for the period ending 31 March 2004 to show award of the Army Commendation Medal with "V" Device and first Oak Leaf Cluster (OLC), Iraq Campaign Medal, and Global War on Terrorism Service Medal.

2.  The applicant states these awards were not available to her at the time of her discharge.

3.  The applicant provides a copy of the DD Form 214 in question in support of this 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 military records show she enlisted in the Regular Army on 19 September 1995.  She was awarded the military occupational specialty of record telecommunications center operator and was promoted to pay grade E-5.

3.  On 27 June 1997, she was released from active duty for pregnancy and transferred to the U.S. Army Reserve Control Group (Annual Training) after completing 1 year, 9 months, and 9 days of active service.  She was assigned to a U.S. Army Reserve troop program unit (TPU) effective 2 February 1998.  On 7 November 1999, she extended her U.S. Army Reserve enlistment.

4.  On 27 December 2002, the applicant was ordered to active duty with her TPU (the 724th Military Police (MP) Battalion) in support of Operation Enduring/Iraqi Freedom.  She was released from active duty on 31 March 2004 after completing 1 year, 3 months, and 4 days of active duty service.

5.  Item 18 (Remarks) of her DD Form 214 for this period of active duty shows she served in Kuwait and Iraq during the period 7 February 2003 to 11 February 2004.

	a.  A search on the Internet indicated the 724th MP Battalion was in Kuwait until March 2003, went forward the second day after the war started, and built the first internment facility at Camp Bucca in Iraq.  It also showed the 724th MP Battalion redeployed from Operation Iraqi Freedom on 11 February 2004.

	b.  Another Internet article stated that an officer of the 724th MP Battalion spent 370 days at Camp Bucca in southern Iraq treating American and British troops as well as many of the thousands of enemy prisoners held there.  He was awarded the Bronze Star Medal with Valor for helping save the lives of a U.S. Marine and three prisoners injured in a September 2003 land mine explosion.

6.  The applicant's official military personnel file maintained in the interactive Personnel Electronic Records Management System contains two Army Commendation Medal certificates awarded to her as a member of the 724th MP Battalion.

	a.  One certificate shows she was awarded an Army Commendation Medal by Permanent Orders Number 04-021-036, dated 21 January 2004.

	b.  The other certificate shows she was awarded an Army Commendation Medal with "Valor" Device by Permanent Orders Number 04-029-008, dated 7 February 2004, for heroic action on 3 September 2003.

7.  Army Regulation 600-8-22 (Military Awards) 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 must have been assigned, attached, or mobilized to units operating in the area 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, while participating in an operation or on official duties;

	b.  be wounded or injured and required medical evacuation from the area of eligibility; or

	c.  have participated 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 one day of eligibility.

8.  U.S. Army Human Resources Command Military Personnel Message Number 08-123 provides the guidance and criteria, applicability, and standards for awarding and wear of service stars on the Iraq Campaign Medal.  It states that one bronze service star will be worn on the Iraq Campaign Medal for 1 or more days of participation in each designated campaign phase.  Approved designated Iraq Campaign Medal campaign phases and inclusive periods are listed below:

* Liberation of Iraq – 19 March 2003-1 May 2003
* Transition of Iraq – 2 May 2003-28 June 2004
* Iraq Governance – 29 June 2004-15 December 2005
* National Resolution – 16 December 2005-date to be determined

9.  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.

10.  The applicant's records show she is entitled to an additional award, which she did not request and is not shown on her DD Form 214.

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

	a.  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 (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 Global War on Terrorism Expeditionary Medal.  Each day that one or more sorties are flown in accordance with these criteria will count as 1 day toward the 30-consecutive or 60-nonconsecutive day requirement.

	b.  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 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, Yemen, 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.

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

13.  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 the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Army Commendation Medal and the Army Commendation Medal with "V" Device by competent orders.  Therefore, she is entitled to correction of her DD Form 214 to show the Army Commendation Medal with "V" Device and OLC.

2.  Based on information in her records and that gleaned from the Internet, the preponderance of evidence indicates the applicant served during a qualifying period (21 March 2003 to February 2004) which would entitle her to the Iraq Campaign Medal.  It also indicates she participated in two campaign phases during her service in Iraq/Kuwait.  Therefore, it would also be appropriate to show that she was awarded the Iraq Campaign Medal with two bronze service stars.

3.  Based on the dates the applicant served on active duty, she is also entitled to the Global War on Terrorism Service Medal.  Therefore, her records should be corrected to show this award.

4.  The evidence indicates the applicant served in Kuwait from 7 February to 20 March 2003.  As such, she is entitled to the Global War on Terrorism Expeditionary Medal for her service in Kuwait and it would be appropriate to add this award to her DD Form 214.

5.  In view of the foregoing, the applicant's records should be corrected 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 adding to her DD Form 214 the Army Commendation Medal with "V" Device and OLC, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, and the Iraq Campaign Medal with two bronze service stars.



      ____________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)                                         AR20090016123



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ABCMR Record of Proceedings (cont)                                         AR20090016123



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