IN THE CASE OF:	  

		BOARD DATE:	  15 February 2011

		DOCKET NUMBER:  AR20100021085 


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, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all awards she is entitled to and adding the words "imminent danger" to denote her service in Balad, Iraq.  She would like to receive the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.

2.  The applicant states, in effect, she believes there are awards missing from her DD Form 214. 

3.  The applicant provides her 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 records show she enlisted in the Regular Army on 5 June 2001 and held military occupational specialty 42L (Administrative Specialist).  She served in Iraq from on or about 9 March 2003 to on or about 3 October 2003 while assigned to Headquarters and Headquarters Company, 130th Engineer Brigade.

3.  A review of her official military personnel file reveals it does not contain any evidence of derogatory information or any adverse or disciplinary action during her military service.

4.  On 20 May 2004, she was honorably discharged in the rank/grade of specialist (SPC)/E-4 by reason of pregnancy.  She completed 2 years, 11 months, and 16 days of total active service with no lost time.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214 shows the Army Commendation Medal, Army Achievement Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, and the Global War on Terrorism Service Medal.

6.  Item 18 (Remarks) of her DD Form 214 shows, in part, "Service in Iraq from 030309 to 031003 [sic] (20030309 - 20031003)."

7.  Department of the Army General Orders (Pending) awarded HHC, 130th Engineer Brigade, the Meritorious Unit Commendation for the period 21 March 2003 - 31 January 2004.

8.  Army Regulation 600-8-22 (Military Awards) states the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  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 award upon successful completion of initial entry training.  

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 Army Good Conduct Medal, disqualification must be justified.  

10.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  The area of eligibility encompasses all the land area of the country of Iraq, 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 on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  During her service in Iraq she participated in the following two campaigns:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)

11.  Army Regulation 600-8-22 states service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

12.  Army Regulation 635-5 (Separation Documents) states, in pertinent part, that for active duty Soldiers deployed with his or her unit during their continuous period of active service enter in item 18 the entry "Service in (Name of Country Deployed) From (inclusive dates for example YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows she served during a qualifying period for award of the Army Service Ribbon which is not shown on her DD Form 214.  Therefore she is entitled to this award and correction of her DD Form 214 to show it.

2.  General Orders awarded her unit the Meritorious Unit Commendation Medal while she was assigned to the unit.  Therefore, she is entitled to correction of her DD Form 214 to show this unit award.

3.  The evidence of record shows she served honorably from 5 June 2001 through 20 May 2004.  She served in Iraq, received an Army Achievement Medal and Army Commendation Medal for meritorious service, and attained the rank/grade of SPC/E-4.  Her record is void of any derogatory information that would have disqualified her from receiving her first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award her the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct her records to show this award.

4.  She served during a qualifying period for award of the Iraq Campaign Medal and participated in two campaigns.  As she has asked for award of the Iraq Campaign Medal in lieu of the already awarded Global War on Terrorism Expeditionary Medal, it would be appropriate to award her the Iraq Campaign Medal with two bronze service stars in place of the Global War on Terrorism Expeditionary Medal and correct her records to reflect this change.

5.  With respect to adding the words imminent danger for her service in Balad, her DD Form 214 already shows "Service in Iraq from 20030309-20031003" which is the correct verbiage to denote a Soldier's deployment.  Therefore, she is not entitled to the requested relief.

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.  deleting from item 13 of her DD Form 214 the Global War on Terrorism Expeditionary Medal;

	b.  awarding her the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 5 June 2001 through 20 May 2004; and

	c.  adding to item 13 of her DD Form 214 the Army Good Conduct Medal (1st Award), Army Service Ribbon, Iraq Campaign Medal with two bronze service stars, and the Meritorious Unit Commendation Medal.

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 adding to her DD Form 214 the words imminent danger to denote her service in Balad.  



      __________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)                                         AR20100021085





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ABCMR Record of Proceedings (cont)                                         AR20100021085



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