IN THE CASE OF:	  

		BOARD DATE:  22 March 2012

		DOCKET NUMBER:  AR20110016987 


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 her foreign service, the Army Commendation Medal (Second Award), and the "CS" Badge.  She also requests, in effect, that her DA Form 2173 (Statement of Medical Examination and Duty Status) be filed in her official military personnel file (OMPF).

2.  The applicant states, in effect, her records do not show the requested information.

3.  The applicant provides:

* Department of the Army Orders 314-045, dated 10 November 2005
* DD Form 214, dated 12 June 2008
* AHRC Form 4143 (Enlisted Record Brief – Active Guard Reserve)
* U.S. AHRC Orders C-03-804223, dated 7 March 2008
* U.S. AHRC Orders 890043, dated 7 March 2008
* DD Form 214, dated 27 May 2005
* Headquarters, 1st Personnel Command (Forward) Orders 06-184-00002, dated 3 July 2006
* DA Form 2173
* Headquarters, 88th Regional Readiness Command 
Orders 05B-231-00001 Change 1), dated 19 August 2005
* 
Headquarters, First U.S. Army Permanent Orders 149-17, dated 29 May 2005
* Enlisted Record Brief – Regular Army (RA)

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 requests correction of her DD Form 214, dated 12 June 2008, to show she is authorized a "CS" Badge.  Army Regulation 600-8-22 (Military Awards) fails to show the existence of a "CS" Badge.  Accordingly, this issue will not be discussed further in these proceedings.

3.  The applicant enlisted in the RA on 17 August 1995.  She completed training as a human resources specialist.  She remained a member of the RA through reenlistments and extensions.  She enlisted in the U.S. Army Reserve (USAR) for 3 years on 27 April 2005.  

4.  After completing 9 years, 9 months, and 11 days of net active service this period, she was honorably discharged from the RA on 27 May 2005, due to secretarial authority.  Her DD Form 214 shows she is authorized the following awards:

* Army Commendation Medal
* Army Achievement Medal (Second Award)
* Army Superior Unit Award
* Army Good Conduct Medal (Third Award)
* National Defense Service Medal (Second Award)
* Noncommissioned Officer's Professional Development Ribbon with Number 2
* Army Service Ribbon
* Overseas Service Ribbon
* 
Global War on Terrorism Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Air Assault Badge
* Driver and Mechanic Badge with Mechanic Bar
* Army Lapel Button

5.  The applicant was ordered to active duty in support of Operation Iraqi Freedom effective 13 June 2005.

6.  On 10 November 2005, Department of the Army Orders 314-045 were published deploying her to Kuwait/Iraq, effective 14 November 2005, in support of Operation Iraqi Freedom.

7.  The applicant was honorably discharged from the USAR on 12 June 2008, at the completion of her required active service.  Item 12.f. (Foreign Service) on her DD Form 214 shows "0000 YEAR(S), 00 MONTH(S), 00 DAY(S)."

8.  Item 13. (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows she is authorized:

* Army Commendation Medal
* Army Achievement Medal (Second Award)
* Army Superior Unit Award
* Army Good Conduct Medal (Third Award)
* National Defense Service Medal with bronze service star
* Global War on Terrorism Service Medal
* Noncommissioned Officer Professional Development Ribbon (Second Award)
* Army Service Ribbon
* Overseas Service Ribbon
* Air Assault Badge
* Driver and Mechanic Badge with Mechanic Clasp

9.  Except for the Army Lapel Button, the authorized awards shown on her DD Form 214, dated 12 June 2008 mirror the authorized awards shown on her DD Form 214, dated 27 May 2005.

10.  The applicant's OMPF contains a copy of a certificate showing that Permanent Order Number 202-12 was published awarding her the Army Commendation Medal for the period 15 November 2005 to 6 November 2006.

11.  There is no evidence in her records of any court-martial convictions, unfavorable personnel actions, or statements that would justify her disqualification for award of the Army Good Conduct Medal (Fourth Award).

12.  Information obtained from the Defense Finance and Accounting Service (DFAS) reveals that per the applicant's master military pay account, she received hostile fire/imminent danger pay for service in Kuwait from 15 November 2005 through 29 October 2006.

13.  A review of the interactive Personnel Electronic Records Management System (iPERMS) fails to reveal a copy of her DA Form 2173 contained therein.  She submits a copy of the form which shows she was diagnosed by a doctor at Camp Atterbury, Indiana, on 15 November 2006, prior to her deployment to Iraq.

14.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  It states:

	a.  In Item 12.f. enter the total amount of foreign service completed during the period covered in Item 12.c. (Net Active Service This Period) from the Enlisted Record Brief (ERB). 

	b.  In tem 13. enter the decorations, medals, badges, citations and campaign ribbons from information recorded on the ERB.

	c.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPOLYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18 (Remarks).  Only deployment in an imminent danger/hostile fire zone will be reflected.

15.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

	b.  The Global War on Terrorism Expeditionary Medal (GWOTEM) 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 general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States.  The Secretary of Defense, when recommended by the Chairman, Joint Chiefs of Staff, will designate the specific AOE per qualifying operation.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM. 

	c.  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.  Approved campaigns are:

* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)

	d.  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.  

	e.  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.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

16.  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 6 and 8.  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."

17.  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.

18.  Army Regulation 600-8-104 (Military Personnel Information Management/Records) clarifies the final disposition procedures for military personnel files upon separation of Soldiers, to include instruction on when to give applicable files to Soldiers for safekeeping.  It states that the service (S) section is the OMPF section where general information and service data are filed.  The fiche is divided into service computation (SC) and general administration (GA) subsection.  Documents will be placed in the SC and/or the GA sections as they are received by the custodian.  Table 2-1 shows the DA Form 2173 will be filed in the GA subsection of the OMPF S section.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  Her supporting evidence has been considered.

2.  The available evidence shows she was deployed to Kuwait/Iraq from 15 November 2005 through 29 October 2006.  Her OMPF contains a copy of a certificate showing that Permanent Order Number 202-12 was published awarding her the Army Commendation Medal for the period 15 November 2005 to 6 November 2006, while serving in a combat area.  

3.  She is authorized the Army Good Conduct (Fourth Award) for her service from 13 June 2005 through 12 June 2008.  Her DD Form 214, dated 12 June 2008, should be amended to show her foreign service credit and that she is authorized the following awards:

* Army Commendation Medal (Second Award)
* Army Good Conduct Medal (Fourth Award)
* National Defense Service Medal with two bronze service stars
* Global War on Terrorism Expeditionary Medal
* Iraq Campaign Medal with two bronze service stars
* Overseas Service Ribbon (Numeral 2)
* Army Lapel Button

4.  In accordance with Army Regulation 600-8-104, the DA Form 2173 she submitted should be filed in the GA subsection of the OMPF S section.

5.  In view of the foregoing, the applicant's records should be corrected as recommended below.

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 
awarding her the Army Good Conduct Medal (Fourth Award) for exemplary service from 13 June 2005 through 12 June 2008 and amending her DD Form 214 as follows:

	a.  adding "00  11  22" to item 12f,

	b.  adding the following awards to item 13.

* Army Commendation Medal (Second Award)
* Army Good Conduct Medal (Fourth Award)
* National Defense Service Medal with two bronze service stars
* Global War on Terrorism Expeditionary Medal
* Iraq Campaign Medal with two bronze service stars
* Overseas Service Ribbon (Numeral 2)

	c.  adding "SERVICE IN KUWAIT/IRAQ FROM 20051115-0081106" to item 18, and

	d.  filing her DA Form 2173, dated 15 November 2006, in the GA subsection of her OMPF service section.



      _______ _   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)                                         AR20110016987





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ABCMR Record of Proceedings (cont)                                         AR20110016987



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