IN THE CASE OF:	

		BOARD DATE:	  4 May 2010

		DOCKET NUMBER:  AR20090018960 


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 she be awarded the National Defense Service Medal (NDSM), 2nd Award; Afghanistan Campaign Medal (ACM); and Iraq Campaign Medal.  She also requests her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect proper wartime service awards and campaign badges.  

2.  The applicant states she served as a CH-47D helicopter flight engineer during both campaigns.  She further states since she was not awarded the campaign badges for the places she served it affects her benefits in the Federal system. 

3.  The applicant provides the following documents in support of her application:

* Deployment Orders
* DA Forms 638 (Recommendation for Award)
* NCO Evaluation Report (DA Form 2166-8)
* Company Commander Statement 

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 is requesting award of the NDSM (2nd Award); however, this award is already listed in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214.  Therefore, it will not be discussed further in this Record of Proceedings. 

3.  The applicant enlisted in the Regular Army on 1 November 1995.  She was trained in, awarded, and served in military occupational specialty (MOS) 67U (Chinook Helicopter Repairer).

4.  Item 5 (Overseas Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows she served in Korea from 23 April 1999 through 
27 March 2000.  There are no other overseas tour entries in item 5.  

5.  The Defense Finance and Accounting Service (DFAS) pay record confirms the applicant received hostile fire pay/imminent danger pay for service in Afghanistan from 12 May 2002 through 26 July 2002 (2 months and 15 days) and for service in Kuwait from 1 February 2003 through 20 March 2003 (1 month and 20 days).

6.  On 28 August 2003, the applicant was separated after completing 7 years, 
9 months, and 28 days of active military service.  Item 12f (Foreign Service) of the DD Form 214 she was issued at the time shows she served a total of 
11 months and 5 days of foreign service; item 18 (Remarks) shows no deployments; and item 13 shows she earned:  

* Army Achievement Medal (5th Award)
* Air Medal
* Army Commendation Medal
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal (2nd Award)
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Aircraft Crewman Badge.

7.  The applicant provided a DA Form 2166-6 and statement from her former company commander that indicates she was deployed and served in support of Operation Iraqi Freedom (OIF).  These documents do not confirm she actually performed this service in Iraq.  

8.   Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-16 contains guidance on the ACM.  It states the ACM is awarded to members who have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land.  

9.  The ACM period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  A bronze service star is authorized for wear with this award for the following campaigns:

* LIBERATION OF AFGHANISTAN (11 Sep 2001-30 Nov 2001)
* CONSOLIDATION I (1 Dec 2001-30 Sep 2006)
* CONSOLIDATION II (1 Oct 2006-Date to be Determined)  

10.  Paragraph 2-17 of the awards regulation contains guidance on award of the ICM and states it is authorized for 30 consecutive or 60 non-consecutive days of service in Iraq from 19 March 2003, to a future date to be determined.  

11.  Paragraph 2-18 of the awards regulation contains guidance on award of the GWOTEM.  It states it is authorized for service in support of Global War on Terrorism Operations in a designated area of eligibility (AOE) for 30 consecutive or 60 non-consecutive days during the period from 11 September 2001, to a future date to be determined.  Kuwait is a designated AOE.

12.  Paragraph 2-19 of the awards regulation contains guidance on award of the GWOTSM and states it is authorized for active duty service of 30 consecutive or 60 non-consecutive days outside of a designated AOE during the period from 
11 September 2001 to a future date to be determined.

13.  Paragraph 2-20 of the awards regulation contains guidance on award of the Korea Defense Service Medal (KDSM).  It states it is authorized for 30 consecutive or 60 non-consecutive days of service in Korea during the period from 28 July 1954 to a date to be determined by the Secretary of Defense.  

14.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers upon retirement, discharge, release from active duty service, or control of the active Army and contains instructions for preparing of the DD Form 214.  This regulation provides that:
	a.  for Item 12f the total amount of foreign service completed during the continuous period of active service will be entered; and

	b.  for item 18 enter the continuous period of active service for which a Soldier was deployed "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that she should be awarded the ACM has been carefully considered and found to have merit.  The evidence of record confirms the applicant served in Afghanistan from 12 May 2002 through 26 July 2002.  As a result, she is eligible for the ACM with 1 bronze service star and this award should be added to her record and DD Form 214.  

2.  The applicant's contention that she is eligible for the ICM was also carefully considered.  However, by regulation, in order to qualify for the ICM a member must have served in Iraq for 30 consecutive or 60 non-consecutive days during the period from 19 March 2003 to a date to be determined.  

3.  The evidence of record confirms the applicant was deployed in support of Operation Iraqi Freedom and served in Kuwait from 1 February 2003 through 
20 March 2003.  It does not confirm service in Iraq; however, even if it did, given her deployment ended on 20 March 2003 she clearly did not complete the 30 consecutive or 60 non-consecutive day service requirement within the qualifying period, which began on 19 March 2003.  As a result, she is not eligible for the ICM.  

4.  However, given Kuwait was a qualifying AOE during the period of the applicant's deployment in support of Operation Iraqi Freedom, she is eligible for the GWOTEM for this service.  She is also eligible for the GWOTSM for her qualifying service outside of a designated AOE during the qualifying period beginning on 11 September 2001.  Therefore, it would also be appropriate to add these awards to her record and DD Form 214. 

5.  The record also shows that based on the applicant's service in Korea, she is eligible for the KDSM.  Therefore, this award should also be added to her record and DD Form 214.

6.  Based on the applicant's deployments to Afghanistan and Kuwait, it would be appropriate to amend item 12f of her DD Form 214, which currently only reflects her service in Korea (11 months and 5 days), to show her additional foreign service (3 months and 25 days) and to amend item 18 to show the dates of her deployments.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X  __  ____X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

	a.  amending Item 13 of her DD Form 214 by adding the following awards:

* Afghanistan Campaign Medal with 1 bronze service star
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Korea Defense Service Medal.

	b.  amending item 12f of her DD Form 214 by deleting the current entry and adding the entry 1 year, 3 months, and 0 days; and by 

	c.  amending item 18 of her DD Form 214 by adding the entries "SERVICE IN AFGHANISTAN 20020512 - 20020726" and "SERVICE IN KUWAIT 20030201 - 20030320."


2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Iraq Campaign Medal.  



      ___________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)                                         AR20090018960



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ABCMR Record of Proceedings (cont)                                         AR20090018960



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