IN THE CASE OF:	  

		BOARD DATE:	  12 August 2010

		DOCKET NUMBER:  AR20100007420 


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 award of or authorization to wear the:

* Army Commendation Medal (ARCOM)
* Iraq Campaign Medal (ICM) with two bronze service stars
* Global War on Terrorism Service Medal (GWOTSM)
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Meritorious Unit Commendation (MUC)
* Noncommissioned Officer Professional Development Ribbon (NCOPDR)

2.  She states that a couple of awards were omitted from her DD Form 214 when she underwent redeployment and demobilization processing at Fort McCoy, WI.  She further states that in December 2007 members of her unit were informed they were eligible for receipt of additional awards and decorations which were not previously annotated on their DD Forms 214.

3.  She provides copies of a:

* DA Form 638 (Recommendation for Award)
* DA Form 4980-14 (Army Commendation Medal Certificate)
* U.S. Army Human Resources Command (HRC) memorandum
* DA Form 1059 (Service School Academic Evaluation Report)
* DD Form 214


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 record shows she enlisted in the U.S. Army Reserve on 26 February 1999.  She currently holds the rank/pay grade of staff sergeant/E-6 and military occupational specialty 79V (Retention and Transition NCO).

3.  Her record shows she was ordered to active duty in support of Operation Enduring Freedom for a period of 365 days with a reporting date of 10 February 2003.  On 21 January 2004, she was released from active duty following her return from deployment and completion of required active duty.

4.  Her DD Form 214 for the period 10 February 2003 through 21 January 2004 contains the following information:

	a.  Item 12f (Foreign Service) shows she served overseas 0 years, 11 months, and 12 days.

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) does not show she was awarded or authorized to wear any of the awards or decorations which are the subject of this request.

	c.  Item 18 (Remarks) shows she served in Iraq from 10 February 2003 through 21 January 2004.

5.  She provides copies of a DA Form 638 and DA Form 4980-14 which show she was awarded the ARCOM for exceptional achievement during the period 26 February 2003 to 1 June 2003 under the authority of 49th Quartermaster Group (Petroleum and Water), Permanent Order Number 183-71, dated 12 July 2003.

6.  She provides an HRC memorandum, dated 11 June 2004, subject:  Meritorious Unit Commendation, which shows her unit was awarded the MUC for the period 10 January 2003 to 25 September 2003 and that the award was pending announcement in Department of the Army general orders (DAGO).  A review of the HRC database for recently-approved unit awards shows the DAGO are still pending.

7.  She provides a DA Form 1059, dated 23 September 2006, which shows she attended and successfully completed the Warrior Leader Course during the period 9 through 23 September 2006.

8.  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.  In pertinent part, it states that 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 Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It also states, in pertinent part, that all decorations, badges, citations, and campaign ribbons awarded and authorized for all periods of service should be entered in item 13 of the form.

9.  Army Regulation 600-8-22 (Military Awards) provides that the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in 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 GWOTSM.

10.  Army Regulation 600-8-22 states the GWOTEM 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.  The general area of eligibility encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.

11.  Army Regulation 600-8-22 provides that 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 nonconsecutive 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; and

	c.  participate 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).

12.  Department of the Army Military Personnel Message 10-078, dated 17 March 2010, provided guidance on the criteria, applicability, and standards for awarding and wearing of bronze service stars on the Afghanistan Campaign Medal and the ICM.  This message shows that during the applicant's tour of duty in Iraq she completed a qualifying period of service during two campaigns:  Liberation of Iraq (19 March 2003 through 1 May 2003) and Transition of Iraq (2 May 2003 through 28 June 2004).

13.  Army Regulation 600-8-22 states the NCOPDR was established by the Secretary of the Army on 10 April 1981.  It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses, among which is the Warrior Leader Course.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her DD Form 214 should be corrected to show award of or authorization to wear the:

* ARCOM
* ICM with two bronze service stars
* GWOTSM
* GWOTEM
* MUC
* NCOPDR

2.  Permanent orders awarded her the ARCOM.  Therefore, she is entitled to correction of her records to show this award.

3.  The evidence shows she served a qualifying period of service for award of the GWOTSM.  Therefore, she is entitled to correction of her record to show this medal.

4.  The evidence shows she served a qualifying period of service for award of the GWOTEM.  Therefore, she is entitled to correction of her record to show this medal.

5.  The evidence shows she served a qualifying period of service in Iraq for award of the ICM and that she participated in two campaigns.  Therefore, she is entitled to correction of her records to show the ICM with two bronze service stars.

6.  The evidence shows her unit was awarded the MUC for actions during her period of assignment.  Therefore, she is entitled to correction of her record to show this unit award.

7.  The evidence shows she did not complete the Warrior Leader Course until 2 years and 8 months after the period of active duty covered by her DD Form 214.  Therefore, although she is authorized to wear the NCOPDR on her uniform, she is not entitled to correction of her DD Form 214 to show award the NCOPDR.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ___x_____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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 adding the following to item 13 of her DD Form 214:

* Army Commendation Medal
* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal
* Meritorious Unit Commendation

2.  The Board further determined 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 having the NCOPDR added to her DD Form 214.



      ____________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)                                         AR20100007420



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ABCMR Record of Proceedings (cont)                                         AR20100007420



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