IN THE CASE OF:	  

		BOARD DATE:	  17 June 2010

		DOCKET NUMBER:  AR20090020978 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her Army Achievement Medal (AAM), Iraq Campaign Medal (ICM), and her deployment to Iraq from 7 October 2005 to 23 June 2006.

2.  The applicant states she would like to be recognized for her overseas service.

3.  The applicant provides her DD Form 214, Enlisted Record Brief (ERB), AAM recommendation and certificate, and excerpts from her military records.

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 16 September 2004.  She was awarded the military occupational specialty of chemical operations specialist, and promoted to pay grade E-4.

3.  On 25 September 2006, the applicant was honorably discharged due to pregnancy or childbirth.  Her DD Form 214 shows she was awarded the National Defense Service Medal, Global War on Terrorism Service Medal, and the Army Service Ribbon.

4.  In support of her request the applicant submits:

   a.  An AAM certificate and a DA Form 638 (Recommendation for Award) which shows she was awarded the AAM by Permanent Order Number 129-07.  In the DA Form 638 the applicant's commander stated "Outstanding Performance!"
   
   b.  Orders 269-005, dated 26 September 2005, show the applicant's unit was ordered to deploy in a temporary duty status to the Iraq area of operations effective 25 September 2005.
   
   c.  A Memorandum for Record, dated 13 June 2006, shows the applicant was authorized to depart from the Kuwait area of operations on or about 13 June 2006 to return to her home station.
   
   d.  An ERB which shows she served in Iraq from 7 October 2005 to 23 June 2006 and that she was awarded the ICM.

5.  In the processing of this case the Board's staff contacted the Defense Finance and Accounting Service (DFAS) staff who confirmed the applicant was in Iraq/Kuwait from 7 October 2005 to 23 June 2006.

6.  Army Regulation 600-8-22 states award of the ICM 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.  The area of eligibility encompasses all land area of the country of Iraq and the contiguous sea area out to 12 nautical miles and the air space above these areas.  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 one day of eligibility).  This campaign medal may be awarded posthumously.  Soldiers are authorized a bronze service star to be affixed on the ICM for the following campaigns:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-date to be determined)

7.  Army Regulation 600-8-22 (Military Awards) also provides that the Army Good Conduct Medal (AGCM) 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.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than excellent was disqualifying.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that when an active duty Soldier is deployed with his or her unit during the period covered by the DD Form 214, an entry will be made in Item 18 to show "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  Records confirm the applicant served in Iraq from 7 October 2005 to 23 June 2006 and has already been awarded the ICM for that service.  As such, it would be appropriate to now add that award to her DD Form 214 along with the two bronze service stars she is entitled to wear on her ICM.

2.  It would also be appropriate to now enter the time she served in Iraq on her DD Form 214.

3.  The applicant's AAM certificate and DA Form 638 both show the order number for the award.  As such, she is entitled to have this award added to her DD Form 214.

4.  While not requested by the applicant, it would appear that she was inadvertently not awarded the AGCM.  There is no record of any adverse action being taken against her, there is no disqualification for the AGCM, and her commander described her performance as outstanding in the recommendation for the AAM.  Therefore, the preponderance of evidence would indicate the applicant was entitled to the AGCM. 

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 AGCM (1st award) for the period 16 September 2004 to 25 September 2006;

	b.  adding the AGCM, the ICM with two bronze service stars, and the AAM to her DD Form 214; and

	c.  adding to Item 18 of her DD Form 214 " SERVICE IN IRAQ/KUWAIT FROM 20051007-20060623."



      _____________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)                                         AR20090020978



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ABCMR Record of Proceedings (cont)                                         AR20090020978



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