IN THE CASE OF:	  

		BOARD DATE:  13 September 2012

		DOCKET NUMBER:  AR20120004458 


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 add award of the Iraq Campaign Medal (ICM), Valorous Unit Award (VUA), Presidential Unit Citation (PUC), and Army Good Conduct Medal (AGCM) and her overseas service in Iraq.

2.  The applicant states this information was omitted from her DD Form 214.

3.  The applicant provides:

* Orders 029-017, dated 23 January 2003
* amendment Orders 087-20, dated 27 March 2003
* undated memorandum
* memorandum for record, dated 9 January 2004
* VUA Certificate and Citation
* DD Form 214
* National Guard Bureau Form 22 (Report of Separation and Record of Service)

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 22 September 1999 and held military occupational specialty 92A (Automated Logistical Specialist).  The highest rank/grade she held while serving on active duty was specialist/E-4.

3.  She was assigned in Korea from 16 December 2001 to 15 December 2002 and then later to Company A, 204th Support Battalion, 2nd Brigade, 4th Infantry Division, Fort Hood, TX, from 8 January 2003 to 20 December 2003.

4.  She provided Orders 029-017 issued by Headquarters, 4th Infantry Division (Mechanized), Fort Hood, TX, dated 29 January 2003, directing the 204th Support Battalion to proceed on a temporary change of station to the U.S. Central Command area of responsibility in support of Operation Enduring Freedom on a date to be determined.  These orders authorized variation in travel or duty location to Kuwait, Egypt, Qatar, Oman, Saudi Arabia, Bahrain, Pakistan, Afghanistan, Uzbekistan, Turkey, and Jordan.

5.  She provided Orders 087-20 issued by Headquarters, 4th Infantry Division (Mechanized), Fort Hood, TX, dated 27 March 2003, amending Orders 029-017.  The effective date of the orders was changed to read "on or about 5 April 2003."

6.  She was honorably released from active duty on 20 December 2003.  Her DD Form 214 shows she completed 4 years, 2 months, and 29 days of net active service of which 1 year, 5 months, and 9 days was credited as foreign service.  This form also shows she was credited with service in Southwest Asia from 10 April to 18 September 2003 and she was awarded or authorized the:

* Army Lapel Button
* Army Commendation Medal
* Army Achievement Medal (3rd Award)
* National Defense Service Medal
* Overseas Service Ribbon

7.  She provided a memorandum for record issued by the Commander, Company A, 204th Support Battalion, 2nd Brigade, 4th Infantry Division, Fort Hood, TX, dated 9 January 2004, wherein her commander stated she was deployed to Iraq/Kuwait from 10 April to 18 September 2003 in support of Operation Iraqi Freedom (OIF).

8.  She provided an undated memorandum from the U.S. Army Human Resources Command (HRC), subject:  Recommendation for Award of the PUC.  The memorandum essentially stated the recommendation for award of the PUC had been downgraded.  However, HRC was pleased to inform the commander that award of the VUA to 2nd Brigade, 4th Infantry Division, for the period 24 April 2003 to 22 March 2004 had been approved.

9.  She provided a copy of the VUA Citation.  The citation states the 2nd Brigade, 4th Infantry Division, "daringly executed one of the largest Air Assaults in history, Operation Warhorse Cliffhanger, at the town of Ain Lalin."

10.  General Orders Number 2009-08 issued by Headquarters, Department of the Army, awarded the 204th Support Battalion, 2nd Brigade, 4th Infantry Division, Fort Hood, TX, the VUA for the period 24 April 2003 to 22 March 2004.

11.  On 23 August 2012, a Defense Finance and Accounting Service (DFAS) official verified the applicant received hostile fire pay (HFP)/imminent danger pay (IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 11 April to 18 September 2003.

12.  Her records indicate she participated in the following two campaigns:

* Liberation of Iraq (19 March-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)

13.  A review of her service record shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify her for the first award of the AGCM during the period 22 September 1999 to 21 September 2002.  There are also no entries in her record to indicate her commanders denied her award of the AGCM during this period of service.

14.  Army Regulation 600-8-22 (Military Awards) 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.

15  Army Regulation 600-8-22 states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

16.  Army Regulation 600-8-22 states the PUC is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

17.  Army Regulation 600-8-22 states the ICM is awarded to members 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 through 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.

18.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or ICM.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive or 60 nonconsecutive days are authorized the GWOTSM.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant's unit the VUA during the period of her assignment; therefore, she is entitled to have this award added to her DD Form 214.

2.  She met the time criteria for the first award of the AGCM, received an honorable characterization of service, and there is no record her commander denied her this award.  Therefore, she should be awarded the AGCM for the period 22 September 1999 to 21 September 2002 and her DD Form 214 should be corrected to show this award.

3.  She met the criteria for award of the KDSM; therefore, she is entitled to correction of her DD Form 214 to show this award.

4.  She met the criteria for award of the GWOTSM; therefore, she is entitled to correction of her DD Form 214 to show this award.

5.  Her unit was recommended for award of the PUC, but it was downgraded to a VUA.  Therefore, she is not entitled to correction of her DD Form 214 to show the PUC.

6.  Her company commander verified she served in Iraq/Kuwait from 10 April to 18 September 2003.  Additionally, DFAS confirmed her receipt of HFP/IDP and CZTE for service in Kuwait from 11 April to 18 September 2003.  Therefore, she is entitled to award of the ICM with two bronze service stars and correction of her DD Form 214 to show this award.

7.  The current entry in the remarks section of her DD Form 214 shows "SERVICE IN SOUTHWEST ASIA 20030410-20030918"; however, the evidence shows she served in Iraq/Kuwait.  Therefore, it would be appropriate to correct this entry to show "SERVICE IN IRAQ/KUWAIT FROM 20030410-20030918."

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:

	a.  awarding her the AGCM (1st Award) for the period 22 September 1999 to 21 September 2002,

	b.  adding the following awards to her DD Form 214:

* AGCM
* KDSM
* ICM with two bronze service stars
* 
GWOTSM
* VUA

	c.  deleting the entry "SERVICE IN SOUTHWEST ASIA 20030410-20030918" from her DD Form 214 and adding the entry "SERVICE IN IRAQ/KUWAIT FROM 20030410-20030918."

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 the PUC.



      __________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)                                         AR20120004458



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ABCMR Record of Proceedings (cont)                                         AR20120004458



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