IN THE CASE OF:	  

		BOARD DATE:  6 November 2012

		DOCKET NUMBER:  AR20120004825 


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 the following awards:  Iraq Campaign Medal, Overseas Service Ribbon, "Professional Chemical Corps," "Military Service Discharge," "Installation Service (Fort Polk)," Purple Heart, Army Commendation Medal, and the Army Achievement Medal.

2.  The applicant states the awards are missing from her DD Form 214.  She states she served in Iraq in 2003 with the 7th Chemical Company, 1st Platoon, 83rd Chemical Battalion, Fort Polk, LA.  Her unit inactivated and she cannot obtain copies of her deployment orders.

3.  The applicant provides copies of her DD Form 214 for the period ending 17 May 2004 and DD Forms 215 (Correction to DD Form 214) adding her foreign service in Kuwait/Iraq and the Global War on Terrorism Expeditionary Medal.

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 served in the Regular Army from 15 August 2001 through 17 May 2004 as a nuclear, biological, and chemical specialist.

3.  Neither her DA Form 2-1 (Personnel Qualification Record) nor her Enlisted Record Brief (ERB) lists an overseas duty station.

4.  Her ERB lists her authorized awards as the National Defense Service Medal, Army Service Ribbon, and Global War on Terrorism Service Medal.  Her DA Form 2-1 lists only the Army Service Ribbon.

5.  The applicant's DD Form 214 lists her awards as the National Defense Service Medal, Global War on Terrorism Service Medal, and Army Service Ribbon.

6.  An action by the ABCMR resulted in the issuance of a DD Form 215 which added a foreign service entry of 4 months and 1 day and an entry showing service in Kuwait/Iraq from 6 February 2003-6 June 2003.  A second DD Form 215 added the Global War on Terrorism Expeditionary Medal to her authorized awards.

7.  Army Regulation 200-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  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 that area of Iraq.  The eligibility period is 19 March 2003 to 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in designated campaign periods, including Liberation of Iraq (19 March 2003-1 May 2003 and Transition of Iraq (2 May 2003-28 June 2004).

	b.  The Overseas Service Ribbon is authorized for all members of the Active Army, Army National Guard, and Army Reserve in an active duty status for successful completion of an overseas tour.

	c.  The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	d.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	e.  The Army Achievement Medal is awarded to any member of the Armed Forces of the United States who, while serving in a noncombat area on or after 1 August 1981, distinguishes himself or herself by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	f.  Army Regulation 200-8-22 does not list any award entitled "Professional Chemical Corps," "Military Service Discharge," or "Installation Service" or awards anything similar to those titles.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was credited with service in Kuwait and Iraq from 6 February to 6 June 2003.  She should be authorized the Iraq Campaign Medal with two bronze service stars.

2.  Although she deployed, she did not complete an overseas tour of duty.  She is not entitled to the Overseas Service Ribbon.

3.  There is no official record of medical treatment for a wound sustained in action against an enemy or as the result of enemy action.  She is not entitled to the Purple Heart.

4.  There is no available evidence that she was recommended for or awarded either the Army Commendation Medal or the Army Achievement Medal.

5.  No awards entitled "Professional Chemical Corps," "Military Service Discharge," or "Installation Service" or anything similar to those titles can be identified.

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 Iraq Campaign Medal with two bronze service stars to her authorized awards.

2.  The Board further determined that the evidence presented was 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 award of the (Overseas Service Ribbon, "Professional Chemical Corps," "Military Service Discharge," "Installation Service (Fort Polk)," Purple Heart, Army Commendation Medal, and the Army Achievement Medal.




      _______ _   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)                                         AR20120000342



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ABCMR Record of Proceedings (cont)                                         AR20120004825



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