IN THE CASE OF:	

		BOARD DATE:	  25 August 2011

		DOCKET NUMBER:  AR20110002537 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 June 2003 be updated to show:

	a.  all the awards shown on her DD Form 214 for the period ending 1 March 1996;

	b.  three awards of the Army Achievement Medal (AAM); 

	c.  campaign awards authorized for Operation Iraqi Freedom; and 

	d.  a second award of the Army Reserve Components Achievement Medal (ARCAM).  

She also requests she be granted educational benefits (Montgomery GI Bill).

2.  The applicant states she was informed by the Department of Veterans Affairs (DVA) in September 2010 that the Army stated her education benefits were terminated in October 2001.  However, she fulfilled her enlistment contract of 
8 years and she was discharged in 2003.  Her status as a veteran should have continued the eligibility period of her benefits well past her separation date.  





3.  The applicant provides:

* Enlistment documents
* DD Forms 214 for the periods ending 1 March 1996 and 30 June 2003
* Award documents
* Deployment documents and orders
* Discharge orders
* Letter, dated 6 August 2010, from the DVA

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.  She enlisted in the U.S. Army Reserve (USAR) on 18 July 1995 for a period of 8 years.  She was ordered to active duty on 4 October 1995 for active duty training.  She was released from active duty on 1 March 1996.  She was awarded military occupational specialty 71G (patient administration specialist).  

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214 for the period ending 1 March 1996 shows the:

* National Defense Service Medal
* Army Service Ribbon
* Marksman Marksmanship Qualification Badges with Rifle Bar and Hand Grenade Bar 

4.  She was ordered to active duty on 16 January 2003 in support of Operation Iraqi Freedom.  She served in Kuwait from 11 March 2003 to 7 June 2003.  On 30 June 2003, she was released from active duty.



5.  Item 13 of her DD Form 214 for the period ending 30 June 2003 shows the:

* National Defense Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon

6.  Permanent orders, dated 19 April 1999, show she received the AAM for meritorious achievement for the period 7 July 1998 to 25 July 1998.

7.  Permanent orders, dated 5 June 1999, show she received the AAM for meritorious achievement for the period 1 March 1997 to 31 March 1999. 
 
8.  She provided a memorandum, dated 14 July 1999, which states she was authorized to wear the ARCAM for the period 18 July 1995 to 17 July 1998.  The memorandum also states "The proper entries have been made on your DA Form 2-1 [(Personnel Qualification Record)]."

9.  There is no evidence which shows she received a second award of the ARCAM.
 
10.  Item 9 of her DA Form 2-1 shows, among other awards, entitlement to one award of the ARCAM and two awards of the AAM.

11.   Permanent orders, dated 3 June 2000, show she received the AAM for meritorious achievement for the period 4 August 1999 to 22 August 1999. 

12.  She was honorably discharged from the USAR on 19 September 2003.

13.  She provided a letter from the DVA, dated 6 August 2010, which states, in pertinent part:

	a.  "We regret we can't approve your claim for educational benefits."

	b.  "You don't qualify for the Montgomery GI Bill program because you didn't serve on active military duty."

	c.  "Also, you must have 24 continuous months of active duty before you are eligible for this program."





14.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation provides that item 13 of the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.  

15.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal (ICM) is awarded to members who have served in direct support of Operation Iraqi Freedom.  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 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 Operation Iraqi Freedom.  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 2009-31 August 2010
* New Dawn (1 September 2010-to be determined)

16.  Army Regulation 600-8-22 states that the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the 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. 

17.  Paragraph 1-19 of Army Regulation 600-8-22 states only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.

DISCUSSION AND CONCLUSIONS:

1.  She requests all her awards and decorations be shown on her DD Form 214 for the period ending 30 June 2003.  Since the governing regulation states item 13 of the DD Form 214 will reflect awards and decorations authorized for all periods of service, item 13 of her DD Form 214 for the period ending 30 June 2003 should be amended to show the Marksman Marksmanship Qualification Badges with Rifle Bar and Hand Grenade Bar. 

2.  Orders show the applicant received three awards of the AAM for meritorious achievement.  Since one award is for overlapping dates of service (7 July 1998 to 25 July 1998 and 1 March 1997 to 31 March 1999), one of the awards is not valid in accordance with the governing regulation.  Therefore, her DD Form 214 for the period ending 30 June 2003 should be corrected to show the AAM (2nd Award).   

3.  Based on her service in Kuwait/Iraq in support of Operation Iraqi Freedom from 14 February 2003 to 16 June 2003, she is eligible for the ICM with two bronze service stars.  Her DD Form 214 should be corrected to show this medal.

4.  She served a period of qualifying service for award of the GWOTSM.  Her DD Form 214 should be corrected to show this medal.

5.  Although she contends she received two awards of the ARCAM, evidence of record shows she received one award of the ARCAM.  Therefore, her DD Form 214 for the period ending 30 June 2003 should be corrected to show one award of the ARCAM. 

6.  Her request for educational benefits was noted.  However, DVA documentation shows she did not qualify for the Montgomery GI Bill program.  Therefore, there is no basis for granting this request. 

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 the Marksman Marksmanship Qualification Badges with Rifle Bar and Hand Grenade Bar, AAM (2nd Award), ICM with two bronze service stars, GWOTSM, and ARCAM to item 13 of her DD Form 214 for the period ending 
30 June 2003. 


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 a third award of the Army Achievement Medal, a second award of the ARCAM, or that educational benefits be granted.  




      _______ _   _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)                                         AR20110002537





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ABCMR Record of Proceedings (cont)                                         AR20110002537



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