BOARD DATE:	  19 May 2010

		DOCKET NUMBER:  AR20090019703 


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 the following:

* service in Kuwait and Iraq
* Army Achievement Medal
* Army Good Conduct Medal
* Iraq Campaign Medal
* Global War on Terrorism Service Medal
* Armed Forces Service Medal
* Army Service Ribbon
* Overseas Service Ribbon

2.  The applicant states the items should have been entered on her DD Form 214 and will help her receive benefits.

3.  The applicant provides an Eligibility Report and orders announcing her honorable discharge from the U.S. Army Reserve.

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 on 25 January 2000.  She was trained in and awarded military occupational specialty 88N (Traffic Management Coordinator).  She was honorably discharged on 24 January 2004 after completing 4 years of creditable active military service.

3.  The applicant's Official Military Personnel File is void of documentation showing she served in Kuwait or Iraq.

4.  In an e-mail to an Army Review Boards Agency analyst, the Defense Finance and Accounting Service (DFAS) stated the applicant's Master Military Pay Account (MMPA) shows she received hostile fire/imminent danger pay (HF/IDP) and a combat zone tax exemption (CZTE) for service in Kuwait during the period 25 January 2001 through 24 April 2001.

5.  Army Regulation 635-5 (Separation Documents) states the following will be entered in item 18 (Remarks) for an active duty Soldier deployed with his or her unit during his or her continuous period of active service:  SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD).

6.  The applicant's DD Form 214 shows the following in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* Army Lapel Button
* National Defense Service Medal
* Army Service Ribbon

7.  The applicant's record is void of documentation showing she was awarded the following:

* Army Achievement Medal 
* Army Good Conduct Medal
* Iraq Campaign Medal
* Global War on Terrorism Service Medal
* Armed Forces Service Medal
* Overseas Service Ribbon
8.  Army Regulation 600-8-22 (Military Awards) states the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.

9.  Army Regulation 600-8-22 states 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

10.  Army Regulation 600-8-22 states individuals authorized the Iraq Campaign Medal must have served in direct support of Operation IRAQI FREEDOM (OIF).  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 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF.

11.  Army Regulation 600-8-22 states 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.

12.  Army Regulation 600-8-22, in Table 2-5 (Armed Forces Service Medal–Designated U.S. Military Operations), lists approved operations for award of the Armed Forces Service Medal.  None of the listed operations coincide with the applicant's service.  

13.  Army Regulation 600-8-22 states, effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the Overseas Service Ribbon for successful completion of overseas tours.  

14.  Army Regulation 614-30 (Overseas Service) governs overseas tour lengths and credit for tour completion.  Table B-1 of the version of the regulation in effect at the time lists overseas tour length for Kuwait as 24 months if accompanied by dependents and 12 months for all others.

15.  Review of the applicant's records indicates entitlement to a decoration that is not shown on her DD Form 214.
16.  A DA Form 4980-14 (Army Commendation Medal Certificate) shows the applicant was awarded the Army Commendation Medal for meritorious service during the period 5 July 2000 to 24 January 2004 as announced in 13th Corps Support Command Permanent Orders Number 309-09, dated 5 November 2003.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of her record to show service in Kuwait and Iraq and awards of the Army Achievement Medal, Army Good Conduct Medal, Iraq Campaign Medal, Global War on Terrorism Service Medal, Armed Forces Service Medal, Army Service Ribbon, and Overseas Service Ribbon was carefully considered and partially supported by the evidence in this case.

2.  DFAS records indicate the applicant received HF/IDP and CZTE while serving in Kuwait for 3 months.  The applicant is entitled to correction of her record to show service in Kuwait from 25 January 2001 to 24 April 2001.

3.  There is no documentary evidence showing the applicant served in Iraq.  Therefore, she is not entitled to correction of her record to show service in Iraq or award of the Iraq Campaign Medal.

4.  There is no documentary evidence showing the applicant was recommended for or awarded the Army Achievement Medal.  Therefore, she is not entitled to correction of her record to show this award.

5.  The record shows the applicant served honorably during the period 
25 January 2000 through 24 January 2004.  The record also shows the applicant was awarded the Army Commendation Medal for her meritorious service during the period 5 July 2000 to 24 January 2004.  There is no documentary evidence showing justification for disqualification for the Army Good Conduct Medal.  Based on her overall record of service, it would be appropriate to award her the Army Good Conduct Medal.  She is entitled to correction of her records to show this award.  

6.  The record shows the applicant served more than 30 consecutive days on active duty after 11 September 2001.  She is entitled to correction of her records to show award of the Global War on Terrorism Service Medal.

7.  There is no documentary evidence showing the applicant served in an operation approved for award of the Armed Forces Service Medal.  Therefore, she is not entitled to correction of her records to show this award.

8.  The Army Service Ribbon is listed on the applicant's DD Form 214.  No correction of her record is required.

9.  Although the record shows the applicant served in Kuwait for approximately 
3 months, she did not complete an overseas tour in Kuwait as defined by regulation.  Therefore, she is not entitled to correction of her record to show award of the Overseas Service Ribbon.  

10.  A properly completed certificate shows the applicant was awarded the Army Commendation Medal.  She is entitled to correction of her record to show this award.

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.  awarding her the Army Good Conduct Medal (1st Award) for the period 
25 January 2000 through 24 January 2003

	b.  adding the following to her DD Form 214:

* in item 12f, 3 months
* in item 13, the following:
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Global War on Terrorism Service Medal
* in item 18, the statement "SERVICE IN KUWAIT FROM 
20010125-20010424"

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 the following:

* service in Iraq
* Army Achievement Medal
* Iraq Campaign Medal
* Armed Forces Service Medal
* Overseas Service Ribbon
* Army Service Ribbon




      _______ _   _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)                                         AR20090019703





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