IN THE CASE OF:	  

		BOARD DATE:	  16 December 2010

		DOCKET NUMBER:  AR20100012548 


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 the Army Commendation Medal (ARCOM)
* award of two Army Achievement Medals (AAM) [properly known as the AAM with First Oak Leaf Cluster (AAM w/1OLC)]
* award of the Good Conduct Medal (GCM)
* completion of the Combat Lifesaver Course
* her foreign service 

2.  She states the above awards, training, and foreign service were not included on her DD Form 214 at the time of discharge.  She further states she needs the above corrections made on her DD Form 214 to substantiate her Department of Veterans Affairs (VA) compensation claim.

3.  She provides copies of:

* a DD Form 214
* two DA Forms 638 (Recommendation for Award)
* an Eligibility Report
* a DA Form 4980-18 (Department of the Army, Army Achievement Medal Certificate)



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.  Her record shows she enlisted in the Regular Army on 26 March 2001 and held military occupational specialty 92A (Automated Logistical Specialist).  She was honorably discharged on 30 May 2004 after completing 3 years, 2 months, and 5 days of creditable service.  At the time of her discharge, she held the rank/pay grade of specialist/E-4.

3.  Her DD Form 214 shows the following entries:

* Item 12f (Foreign Service) shows she served overseas 0 years, 0 months, and 0 days.
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows she was awarded or authorized to wear the:

* Army Lapel Button
* Global War on Terrorism Service Medal
* National Defense Service Medal
* Army Service Ribbon

* Item 14 (Military Education) shows she completed the 12-week Automated Logistical Specialist Course in September 2001
* Item 18 (Remarks) of this form does not show the specific dates of her deployment or to which country she deployed

4.  Her record contains Orders Number 201-001 issued by 720th Military Police Battalion, Fort Hood, TX on 20 July 2004 which show she was awarded the GCM (1st Award) for exemplary behavior, efficiency, and fidelity in the Active Federal Military Service for the period 26 March 2001 to 26 March 2004.

5.  She provides an undated DA Form 638 showing she was awarded the ARCOM for exceptionally meritorious service from 19 March 2003 to 10 September 2003 on Permanent Order Number 274-49 issued by Headquarters, 1st Brigade, 4th Infantry Division, Tikrit, Iraq.  Item 8 (Previous Awards) of this form indicates she had no previous awards.

6.  She provides a DA Form 638, initiated on 30 July 2003, which shows she was awarded the AAM for exceptionally meritorious achievement on 13 May 2003 on Permanent Order Number 169-003 issued by 720th Military Police Battalion, Fort Hood, TX, on 23 June 2004.  Item 8 of this form indicates she was previously awarded the ARCOM.  She also provides a copy of the certificate commemorating this award.

7.  She provides an Eligibility Report which was apparently retrieved from a VA website.  This report indicates she was entitled to receive pay and tax exclusion entitlements associated with deployment to the hostile fire area of Kuwait during the period 1 April 2003 through 30 May 2004.

8.  A query of her Master Military Pay Account (MMPA) maintained by the Defense Finance and Accounting Service (DFAS) revealed she received pay and tax exclusion entitlements associated with deployment to the hostile fire area of Kuwait/Iraq during the period 24 March 2003 through 1 February 2004.

9.  Her record is void of evidence and she has not provided any evidence showing she was awarded a second AAM or that she completed the Combat Lifesaver Course.

10.  Army Regulation 600-8-22 provides that award of the Iraq Campaign Medal 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).

11.  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 Iraq Campaign Medal.  This message shows, in pertinent part, 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).

12.  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.  In 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 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that:

	a.  the total amount of foreign service completed during their continuous period of active service will be entered as "YYYY MM DD" in item 12f of the form; 

	b.  all decorations, badges, citations, and campaign ribbons awarded and authorized for all periods of service should be entered in item 13 of the form;

	c.  formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 should be entered in item 14 of the form; and

	d.  for item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered.






DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her DD Form 214 should be corrected to show:

* award of the ARCOM
* award of the AAM (1OLC)
* award of the GCM
* completion of the Combat Lifesaver Course
* her foreign service 

2.  A query of her MMPA maintained by DFAS revealed she received pay and tax exclusion entitlements associated with deployment to the hostile fire area of Kuwait/Iraq during the period 24 March 2003 through 1 February 2004.

3.  Therefore, she served in Kuwait and Iraq in support of Operation Iraqi Freedom during the period 24 March 2003 through 1 February 2004 which equals a total of 0 years, 10 months, and 10 days.  Therefore, she is entitled to have this foreign service shown in item 12f of her DD Form 214.

4.  In view of the foregoing, Item 18 of her DD Form 214 should be amended to show the period of her deployment and the country to which she deployed.

5.  Permanent orders awarded the following awards; therefore, she is entitled to have them shown in item 13 of her DD Form 214:

* ARCOM
* AAM
* GCM

6.  Evidence shows she served a qualifying period of service in Iraq for award of the Iraq Campaign Medal and that she participated in two campaigns.  Therefore, she is entitled to correction of her records to show the Iraq Campaign Medal with two bronze service stars.

7.  Her record is void of any evidence and she has not provided any evidence showing she was awarded a second AAM or that she completed the Combat Lifesaver Course.  Therefore, she is not entitled to correction of her record to show award of AAM w/1OLC or that she completed the Combat Lifesaver Course.




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:

* adding to item 13 of her DD Form 214 the:

* Army Commendation Medal
* Army Achievement Medal
* Good Conduct Medal
* Iraq Campaign Medal with two bronze service stars

* adding to item 18 of her DD Form 214 the entry "SERVICE IN KUWAIT AND IRAQ FROM 20030324-20040201; and

* providing her an appropriate document showing the above changes

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 Army Achievement Medal with First Oak Leaf Cluster or that she completed the Combat Lifesaver Course.



      __________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)                                         AR20100012548



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ABCMR Record of Proceedings (cont)                                         AR20100012548



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