IN THE CASE OF:	  

		BOARD DATE:	  2 August 2011

		DOCKET NUMBER:  AR20110001038 


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 two applications, that her deployment during Operation Iraqi Freedom (OIF) and all resulting awards be added to her DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states she completed a deployment in support of OIF from 17 September 2006 to 27 August 2007 and that based on this foreign service she is entitled to the following awards:
   
* Army Commendation Medal (6th Award)
* Overseas Service Bars (2)
* Iraq Campaign Medal (ICM)
* Overseas Service Ribbon (OSR)
* National Defense Service Medal (NDSM)

3.  The applicant provides copies of :

* Self-authored statement
* DD Form 214
* Deployment orders
* Group travel orders
* DA Form 2166-8 (Noncommissioned Officer (NCO) Evaluation Report)
* Memorandum for Record (MFR), dated 1 August 2007
* Army Commendation Medal (ARCOM) Certificate
* DA Form 638 (Recommendation for Award)

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 record shows she initially enlisted in the Regular Army on 12 March 2001.  She was trained in and awarded military occupational specialty 92Y (Unit Supply Specialist).

3.  Her military record includes an ARCOM certificate which shows it was awarded to her for exemplary achievement during OIF from 19 March to 1 June 2003.  On 11 March 2004, she was released from active duty (REFRAD) and transferred to the U.S. Army Reserve (USAR).

4.  The DD Form 214 issued to the applicant on 11 March 2004 shows she earned the following awards:

* ARCOM (2nd Award)
* Army Achievement Medal (AAM) (3rd Award)
* NDSM
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon (ASR)

5.  Item 18 (Remarks) of the DD Form 214 includes an entry which shows she served in Southwest Asia (SWA) from 27 December 2002 to 1 June 2003.  It also shows she completed 3 years of creditable active service of which 5 months and 5 days was foreign service.

6.  On 25 July 2004, the applicant reentered active duty as a member of the USAR.  On 11 September 2006, Department of the Army, Camp Shelby Joint Forces Training Center, published Orders 254-512, directing the applicant's unit, Headquarters and Headquarters Detachment, 365th Combat Support Battalion (CSB), be assigned to the 82nd Sustainment Brigade for the purpose of deployment to Talil, Iraq on 15 September 2006.  The applicant's name was listed on the attached roster.

7.  A DA Form 638 prepared on 6 August 2007 shows:

* The applicant was recommended for award of the Meritorious Service Medal (MSM); the brigade commander downgraded the recommendation to the ARCOM
* She had previously received the AAM (3rd Award) and ARCOM (5th Award)
* Headquarters, 82nd Sustainment Brigade issued Permanent Orders (PO), Number 218-27, dated 27 August 2007, awarding the applicant the ARCOM [should be 6th Award].

8.  On 1 August 2007, the Commander, 365th CSB issued an MFR that certified the applicant's unit in support of OIF from 15 September 2006 to 27 August 2007 was authorized to wear the following items:

* Shoulder Sleeve Insignia-Former Wartime Service (SSI - FWTS) [item of uniform]
* ICM
* OSR
* NDSM

9.  On 4 December 2007, the applicant was honorably REFRAD.  The 
DD Form 214 issued at that time shows she completed 3 years, 4 months, and 10 days of creditable service.  Item 12f (Foreign Service) shows she completed 5 months and 5 days of foreign service.

10.  Item 13 of the DD Form 214 shows she earned the following awards:

* ARCOM (5th Award)
* AAM (3rd Award)
* United States Air Force Presidential Unit Citation
* Army Good Conduct Medal (5th Award)
* NDSM (2nd Award)
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Noncommissioned Officers Professional Development Ribbon
* ASR
* Armed Forces Reserve Medal (AFRM) with "M" Device

11.  The applicant's 4 December 2007 DD Form 214, item 18, does not include an entry showing the applicant's deployment to Iraq.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains item-by-item instructions for preparing the DD Form 214.  The instructions for item 12f state to enter the total amount of foreign service completed during the period covered by the DD Form 214 and item 18 specifies for a Reserve soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession:

	a.  "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)."

	b.  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

	c.  "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS." 

13.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.

	a.  Paragraph 2-10 provides guidance for the issuance of the NDSM and states:

       (1)  The NDSM is awarded for honorable active service from 27 June 1950 through 27 July 1954; 1 January 1961 through 14 August 1974; 2 August 1990 through 30 November 1995; and from 11 September 2001 to a date to be determined.
   
       (2)  A service star will be worn to signify receipt of a second or subsequent award of the NDSM.
   
       (3)  A second or third award of the NDSM is authorized for Soldiers who served in one or more of the four time periods listed above.

       (4)  A subsequent award of the NDSM is not authorized for Soldiers who met the criteria in one time period, left active duty and returned during the same period of eligibility.
	b.  Paragraph 2-17 provides guidance on the ICM.  It states that it is authorized for service in Iraq on or after 19 March 2003, to a future date to be determined by the Secretary of Defense or the cessation of Operation Iraqi Freedom.

	c.  This regulation further stipulates that members qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized, will remain qualified for that medal. However, upon application, any such member may be awarded the ICM in lieu of the GWOTEM for such service.  No member will be entitled to both medals for the same act, achievement or period of service.

	d.  The Iraq Campaign Medal is awarded to members who have served in direct support of 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 ICM 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.  The 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)

       e.  Paragraph 5-4 contains guidance on the OSR.  It states that it is authorized for completion of normal overseas tours as defined in Army Regulation 614-30 (Overseas Service).

14.  Army Regulation 614-30 provides policy and guidance on the eligibility and selection criteria for overseas service and establishment of tour lengths for overseas areas.  Table 3-2 contains guidance on award of tour credit and states, in pertinent part, that in order to receive tour credit for temporary change of station/temporary duty service in isolated areas where tour lengths have not been established (Iraq/Afghanistan), a member must complete 11 cumulative months in a 24-month period or 9 continuous months.


15.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.

16.  One overseas service bar is authorized for each 6-month period of Federal service as a member of a U.S. Service participating in Operation Iraqi Freedom, the CENTCOM area of operations, or under the control of the Combatant Commander, CENTCOM, from 19 March 2003 to a date to be determined. The months of arrival to, and departure from the CENTCOM area of operations are counted as whole months.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her DD Form 214 should be corrected to reflect her tour in Iraq from 17 September 2006 through 27 August 2007 and all awards earned for this service.  There is sufficient evidence to support granting a portion of her claim.

2.  The available evidence confirms the applicant's completion of two tours in Iraq.  Items 12f and 18 of her initial DD Form 214 issued on 11 March 2004 documents her 5 months and 5 days of foreign service performed in SWA.  This same service is also listed in item 12f of her final DD Form 214 issued on 4 December 2007.  However, during the period covered by her final DD Form 214 (25 July 2004 - 4 December 2007) she completed 11 months and 13 days of foreign service from 17 September 2006 through 27 August 2007.  By regulation, only the total amount of foreign service completed during the period covered by the DD Form 214 will be entered in item 12f.  Therefore, item 12f of her final DD Form 214 should be corrected by deleting the current entry and adding "0000 11 13."  In addition, item 18 of her final DD Form 214 should also be corrected by adding the entries:

* "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION IRAQI FREEDOM PER 10 USC 12302"
* "SERVICE IN IRAQ FROM 20060915 TO 20070827"
* "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS"

3.  The evidence of record shows the applicant had previously earned five ARCOMs at the time the recommendation was made for award of the MSM.  The approval authority downgraded the MSM to an ARCOM and official orders were published.  Therefore, item 13 of her final DD Form 214 should be corrected to show the ARCOM (6th Award) instead of (5th Award).

4.  The applicant's two deployments in support of OIF confirms her entitlement to 3 Oversea Service Bars and the appropriate award authority authorized her wear of the SSI-FWTS.  However, Overseas Service Bars and SSI-FWTS are items for wear on the uniform; they are not authorized to be included on the DD Form 214.

5.  By regulation, no member will be entitled to the GWOTEM and the ICM for the same act, achievement, or period of service.  The evidence of record confirms the applicant twice deployed to Iraq.  She is authorized award of the GWOTEM for her first tour of duty in Iraq.  This award is shown on her final DD Form 214.  She is also authorized the ICM with two bronze service stars for her participation in the National Resolution Iraq (16 December 2005-9 January 2007) and Iraqi Surge (10 January 2007-31 December 2008) campaigns during her second tour of duty in Iraq.  Further, based on the applicant's second deployment totaling 11 months and 23 days service, she is entitled to the Overseas Service Ribbon.  Accordingly, the ICM with two bronze service stars and OSR should be added to her final DD Form 214 at this time.

6.  By regulation, Soldiers who met the criteria for the NDSM in one time period, left active duty and returned during the same period of eligibility are not authorized a subsequent award of the NDSM.  The NDSM is awarded for honorable active service from 27 June 1950 through 27 July 1954; 1 January 1961 through 14 August 1974; 2 August 1990 through 30 November 1995; and from 11 September 2001 to a date to be determined.  The evidence of record confirms the applicant completed two periods of honorable service and she was awarded the NDSM for her initial period of active service from 12 March 2001 to 11 March 2004.  She completed a second period of honorable service from 
25 July 2005 to 4 December 2007.  As a result, she is not authorized a second award of the NDSM because both periods of honorable service were completed within the same period of eligibility.  Therefore, the second NDSM should be removed from her final DD Form 214.

7.  The applicant's records clearly show that she had served during two periods of active duty, both of which qualified her for award of the Army Good Conduct Medal (AGCM).  However, her final DD Form 214 indicates that she received five such awards.  Based on the Board's policy to not make an applicant worst off then they were prior to submitting their application the additional three awards of the AGCM should not be removed unless later requested by the applicant.

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 amending her 4 December 2007 DD Form 214 as follows:
   
   a.  item 12f - deleting the current entry and adding "0000 11 13";
   
   b.  item 13 – deleting the ARCOM (5th Award) and NDSM (2nd Award) and adding:
   
* Army Commendation Medal (6th Award)
* Iraq Campaign Medal with two bronze service stars
* Overseas Service Ribbon
* National Defense Service Medal
   
   c.  item 18 – adding the entries:

* "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION IRAQI FREEDOM PER 10 USC 12302"
* "SERVICE IN IRAQ FROM 20060915 TO 20070827"
* "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS"

   d.  issuing her a document to reflect the above changes.

2.  The Board further determined that the evidence presented was 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 Overseas Service Bars and the Shoulder Sleeve Insignia - Former Wartime Service.




      _________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)                                         AR20110001038



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ABCMR Record of Proceedings (cont)                                         AR20110001038



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