IN THE CASE OF:	  

		BOARD DATE:	  22 September 2011

		DOCKET NUMBER:  AR20110005620 


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 the:

* Army Service Ribbon
* Noncommissioned Officer (NCO) Professional Development Ribbon
* Overseas Service Ribbon

2.  The applicant states she met the eligibility criteria for the requested awards.

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 9 February 1998.  She completed basic combat and advanced individual training and she was awarded military occupational specialty 89B (Ammunition Specialist).  She served through multiple reenlistments and she attained the rank/grade of sergeant/E-5.

3.  She attended and successfully completed the Primary Leadership Development Course (PLDC) (15 October to 13 November 2002).

4.  She served in Kuwait/Iraq from 27 January 2003 to 5 July 2003 and 1 August 2004 to 31 July 2005, through two campaigns.

5.  She was honorably released from active duty on 30 September 2005.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 shows the:

* Army Commendation Medal (3rd Award)
* Army Achievement Medal
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal

6.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Army Service Ribbon is awarded to all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status upon successful completion of initial entry training.  

	b.  The NCO Professional Development Ribbon is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses. 

	c.  The Overseas Service Ribbon is awarded to all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status upon successful completion of overseas tours.  

	d.  A Frequently Asked Questions document from the U. S. Army Human Resources Command, Military Awards Branch, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed to Iraq or Afghanistan.  The document states "Question:  How long do I have to serve in 

Iraq or Afghanistan to be awarded the Overseas Service Ribbon?  Answer:  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  Provided is a clarification statement the proponent to Army Regulation 614-30 has provided our office:  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour.  Your reference is Army Regulation 614-30, Tables 3-2, rules 5 and 7.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by Department of Defense; therefore, the Army gives equivalent credit for periods of change of station/tour of duty."  Army Regulation 614-30 (Overseas Service), Table 3-2 (Award of tour credit and adjustment of date eligible to return from overseas/date of return from overseas (DROS)) states a Soldier will be credited with a completed tour and awarded a new DROS if he/she serves less than the normal prescribed overseas tour, and the curtailment is for the convenience of the Government and through no request from or fault of the Soldier.

	e.  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.  

	f.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  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.  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)

DISCUSSION AND CONCLUSIONS:

1.  The applicant served a qualifying period of service for award of the Army Service Ribbon, which is not shown on her DD Form 214.  Therefore, she is entitled to correction of her DD Form 214 to show this award. 

2.  She successfully attended and completed PLDC.  Therefore, she is entitled to award of the NCO Professional Development Ribbon with Numeral 1 and correction of her DD Form 214 to show this award. 

3.  She served in Kuwait/Iraq in support of OIF from 27 January 2003 to 5 July 2003 and 1 August 2004 to 31 July 2005:

	a.  Her first period of service qualified her for award of the Global War on Terrorism Expeditionary Medal which is shown on her DD Form 214.  

	b.  Her second period of service qualifies her for award of the Overseas Service Ribbon and the Iraq Campaign Medal.  Additionally, she participated in two campaigns during her service in Kuwait/Iraq (the second time).  Therefore, she is also entitled to two bronze service stars with the Iraq Campaign Medal.

BOARD VOTE:

___X____  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 adding to her DD Form 214 the:

* Army Service Ribbon
* NCO Professional Development Ribbon with Numeral 1
* Overseas Service Ribbon
* Iraq Campaign Medal with two bronze service stars



      _______ _   __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)                                         AR20110005620





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ABCMR Record of Proceedings (cont)                                         AR20110005620



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