IN THE CASE OF:	  

		BOARD DATE:	  13 March 2012

		DOCKET NUMBER:  AR20110018034 


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 to be awarded the Iraq Campaign Medal (ICM) and correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect awards of the Army Commendation Medal (ARCOM) and ICM, her service in Iraq, and her name change to reflect the official name change recorded on her DD Form 1343 (Notification of Change in Service Member's Official Records), dated 15 July 2009.

2.  The applicant states her award of the ARCOM and her service in Iraq were not added to her DD Form 214.  Additionally, she is entitled to award of the ICM and she desires that her DD Form 214 reflect her name as it is recorded on her DD Form 1343.

3.  The applicant provides copies of her DD Form 214, DA Form 638 (Recommendation for Award) awarding her the ARCOM, and DD Form 1343 changing her name in her official records.

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 enlisted in the Regular Army on 15 April 2004 for a period of 4 years, training as an automated logistics specialist, and assignment to Korea.  She completed basic training at Fort Jackson, South Carolina, and advanced individual training at Fort Lee, Virginia, before being transferred to Korea.

3.  She completed her 1-year tour of duty in Korea and was transferred to Fort Campbell, Kentucky.  She deployed to Iraq (Forward Operating Base Speicher, Tikrit, Iraq) from 28 September 2005 through 30 August 2006 (11 months and 3 days).  She returned to Fort Campbell after serving in two campaigns.

4.  Permanent Order Number 092-019 issued on 2 April 2006 by Headquarters, 101st Aviation Brigade, awarded the applicant the ARCOM for meritorious service during the period 11 September 2005 to 31 August 2006.

5.  On 11 May 2007, she was retired and she was placed on the Temporary Disability Retired List (TDRL) due to temporary disability on 12 May 2007.  She completed 3 years and 27 days of active service.  Her DD Form 214 issued at the time of her retirement reflects the name she enlisted under and shows she was awarded the National Defense Service Medal, Global War on Terrorism Service Medal, Korea Defense Service Medal, and Army Service Ribbon.  Her DD Form 214 does not reflect any foreign service or her deployment to Iraq.

6.  On 15 July 2009, The Adjutant General issued a DD Form 1343 changing the applicant's name in her official records.  The DD Form 1343 is filed in her official records.

7.  On 8 December 2009, she was removed from the TDRL and was permanently retired with a 50-percent disability rating effective 9 December 2009.

8.  A review of her official records failed to reveal any derogatory information or any evidence to show she was disqualified for award of the Army Good Conduct Medal (AGCM).

9.  Army Regulation 600-8-22 (Military Awards) states the ICM is awarded to members who 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 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.  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 2010-31 December 2011)

10.  Army Regulation 600-8-22 states the AGCM 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 AGCM, disqualification must be justified.

11.  Army Regulation 600-8-22 states the Overseas Service Ribbon (OSR) 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.

12.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

13.  Army Regulation 635-5 also prescribes the procedures for completing 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.  It states:

	a.  for block 12f (Foreign Service) to enter the total amount of foreign service completed during the period covered by the DD Form 214 and

	b.  for block 18 (Remarks) to enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her foreign service and deployments should be added to her DD Form 214 has been noted and found to have merit.

2.  The applicant served 12 months in Korea and 11 months and 3 days in Iraq for a total of 1 year, 11 months, and 3 days of foreign service.  Accordingly, it should be added to block 12f of her DD Form 214.

3.  The applicant was awarded the ARCOM and this award should be added to her DD Form 214 as well.

4.  The applicant also served during qualifying periods for award of the ICM with two bronze service stars and two awards of the OSR.  Accordingly, they should be added to her DD Form 214.

5.  The applicant's records are void of any derogatory information that would serve to disqualify her for award of the AGCM.  Accordingly, she should be awarded the AGCM (1st Award) for the period 15 April 2004 to 14 April 2007 and this medal should be added to her DD Form 214.

6.  However, the applicant's contention that her DD Form 214 should be corrected to reflect her name as recorded on her DD Form 1343 has been noted and found to lack merit.  Her DD Form 214 was correctly prepared to reflect the name she was serving under at the time of her placement on the TDRL.

7.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now record her new name in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.

8.  The applicant is advised that a copy of this decisional document will be filed in her official military personnel file (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the name recorded in her military record and to satisfy her desire to have her new name documented in her OMPF.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* awarding her the AGCM (1st Award) for the period 15 April 2004 to 14 April 2007
* deleting the entry "0000  00  00" from block 12f of her DD Form 214
* adding the entry "0001  11   03" to block 12f of her DD Form 214
* adding the ARCOM, AGCM (1st Award), ICM with two bronze service stars, and OSR (2nd Award) to block 13 of her DD Form 214
* adding the entry "SERVICE IN IRAQ FROM 20050928-20060830" to block 18 of her DD Form 214

2.  The Board further determined 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 changing her DD Form 214 to reflect her new name as depicted on her DD Form 1343.

3.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by her service to the United States during 


the Global War on Terrorism.  The applicant and all Americans should be justifiably proud of her service in arms.



      _____________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)                                         AR20110018034



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ABCMR Record of Proceedings (cont)                                         AR20110018034



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