IN THE CASE OF:	  

		BOARD DATE:	  3 March 2011

		DOCKET NUMBER:  AR20100022288 


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 awards of the Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, Iraq Campaign Medal with two bronze service stars, and Overseas Service Ribbon.

2.  The applicant states her DD Form 214 is missing the awards listed above.

3.  The applicant provides her DD Form 214, three Noncommissioned Officer (NCO) Evaluation Reports, and a service member deployment history report.

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 17 November 1994 and she held military occupational specialty 88N (Transportation Management Coordinator).

3.  She was assigned to the 27th Transportation Battalion, Wiesbaden, Germany, from on or about 13 June 2001 to on or about 14 March 2004.  She served in Iraq from 1 February 2003 to 26 August 2003 while assigned to the 27th Transportation Battalion.

4.  Task Force 90th Personnel Services Battalion Permanent Orders 006-007, dated 6 January 2004, awarded her the Army Good Conduct Medal (3rd Award) for the period 16 November 2000 - 15 November 2003.

5.  On 14 March 2004, she was honorably released from active duty in the rank/grade of staff sergeant/E-6.  She completed 9 years, 3 months, and 28 days of creditable active service.

6.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 shows the Bronze Star Medal, Army Commendation Medal (4th Award), Army Achievement Medal (3rd Award), Army Good Conduct Medal (2nd Award), National Defense Service Medal (2nd Award), Armed Forces Expeditionary Medal, Armed Forces Service Medal, Humanitarian Service Medal, NCO Professional Development Ribbon with Numeral 2, Army Service Ribbon, and the North Atlantic Treaty Organization Medal.

7.  Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty 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.

8.  Army Regulation 600-8-22 states the Global War on Terrorism Expeditionary Medal 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 area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the 50 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.  It further states service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in support of Operation Enduring Freedom and/or Operation Iraqi Freedom (OIF) to qualify for award of the Global War on Terrorism Expeditionary Medal.

9.  Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who served in direct support of OIF.  The AOE 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.  Approved campaigns are:

* 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)

10.  Army Regulation 600-8-22 states the Overseas 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 for successful completion of overseas tours.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served during a qualifying period for award of the Global War on Terrorism Service Medal which is not shown on her DD Form 214.  Therefore, she is entitled to correction of her records to show this award.

2.  The applicant served in Kuwait/Iraq from 1 February 2003 to 26 August 2003.  OIF officially started on 19 March 2003.  Therefore, she qualifies for award of the 
Global War on Terrorism Expeditionary Medal for having served presumably in Kuwait from 1 February 2003 to 18 March 2003 and correction of her records to show this award.

3.  She also qualifies for award of the Iraq Campaign Medal with two bronze service stars for her service in Iraq from 19 March 2003 to 26 August 2003 and for having participated in the Liberation of Iraq (19 March 2003-1 May 2003) and the Transition of Iraq (2 May 2003-28 June 2004) campaigns.  Therefore, she is entitled to award of the Iraq Campaign Medal with two bronze service stars and correction of her records to show this award.

4.  She successfully completed an overseas tour in Germany; therefore, she is entitled to the Overseas Service Ribbon and correction of her records to show this award.

5.  Permanent orders awarded her the Army Good Conduct Medal (3rd Award) which is not shown on her DD Form 214.  Therefore, she is entitled to correction of her records to show this award.

BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  deleting from Item 13 of her DD Form 214 the "Army Good Conduct Medal (2nd Award)"; and





	b.  adding to Item 13 of her DD Form 214 the Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, Iraq Campaign Medal with two bronze service stars, the Overseas Service Ribbon, and the Army Good Conduct Medal (3rd Award).



      ____________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)                                         AR20100022288



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100022288



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1