BOARD DATE:	  7 February 2013

		DOCKET NUMBER:  AR20120010035 


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 corrections of discrepancies on and between her Office Record Brief (ORB) and her DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states when the District of Columbia Army National Guard (DCARNG) converted her records to the current management system a number of errors occurred that she has been unable to get corrected.  She requests following corrections to her ORB and/or her DD Form 214:

* her source of original appointment should shown as by a Reserve Officer Training Corps (ROTC) appointment
* her Basic Active Service Date (BASD) is 25 June 1997
* her functional area (FA) is Human Resources not Systems Automations
* the proper name of her medal for service in Korea is the Korean Defense Service Medal 
* she is authorized award of the Meritorious Unit Commendation (for service with the 2nd Battalion, 1st Air Defense Artillery Brigade), Overseas Service Ribbon with Numeral 2, National Defense Service Medal (2nd award), and the Global War on Terrorism Expeditionary Medal
* she has some State awards (not specifically identified) that are not shown on her ORB

3.  The applicant provides copies of:

* e-mail related to her attempts to correct her records
* her USAR appointment letter
* a 1997 Oath of Office
* her 16 December 2003 DD Form 214
* a DA Form 2-1 (Personnel Qualification Record - Part II)
* her 2 copies of her ORB
* Permanent Orders Number 310-503 (deployment orders)
* a 2003 Officer Evaluation Report (OER) 
* an 11th Air Defense Artillery Brigade Certificate of Achievement 
* DA Form 638 (Recommendation for Award) for the Army Commendation Medal 
* two Army Commendation Medal Certificates
* a page from the Military Awards Branch Recently Approved Unit Award website

CONSIDERATION OF EVIDENCE:

1.  Army Regulation 15-185, Army Board for Correction of Military Records (ABCMR) sets forth policy and procedures followed by the ABCMR.  Paragraph 2-5 of that regulation provides that the staff of the ABCMR may return an application without action if all other administrative remedies have not been exhausted. 

2.  The ABCMR has the authority and jurisdiction to correct only Federal military records.  Corrections to records as they relate to DCARNG service are the responsibility and under the jurisdiction of DCARNG and/or the National Guard Bureau (NGB).  While there appears to be a number of discrepancies in her current records and the ABCMR may make recommendations on records that impact a Soldier's status as a member of the Reserve of Army of the United States, the ultimate authority for correction of those records rests with the DCARNG.  

3.  Further, in accordance with the regulations governing the ABCMR, it will take action on an issue only after all other administrative remedies have been exhausted.  There is insufficient evidence to show that the applicant has formally requested and been denied review and correction of her DCARNG records to include review by the DCARNG G-1, DC Adjutant General, and/or as appropriate the NGB.

4.  Therefore, the issues related to her DCARNG records not related to her period of active duty will not be further addressed.

5.  The applicant attended the ROTC program at the University of Washington.  On 15 June 1997, she was appointed a U.S. Army Reserve (USAR) second lieutenant in the Signal Corps, signing her Oath of Office on that date.  She entered active duty on 25 June 1997.

6.  Her OER, for the period 15 May 2002 through 14 May 2003, shows she was assigned to the Headquarters and Headquarters Battery, 2nd Battalion, 1st Air Defense Artillery and was deployed to Iraq during Operations Enduring Freedom and Iraqi Freedom as a Signal Corps officer.

7.  On 16 December 2003, she was honorably released from active duty and transferred to the USAR Control Group (Reinforcement).  

8.  Her DD Form 214 shows: 

* she had 6 years, 5 months, and 22 days of creditable active service
* service in "Southwest Asia" from 28 November 2002 through 28 May 2003 (6 months and 1 day) 
* award of the Army Commendation Medal (3rd Award), Army Achievement Medal, National Defense Service Medal, Army Service Ribbon, and the Overseas Service Ribbon
* a designated Area of Concentration (AOC) of 25A (Signal, General).  

9.  An ORB, dated 10 January 2004, shows 

* a branch code of 25A (Signal Corps) and an FA of 43A (Human Resources Management)
* completion of two overseas short tours
* award of the Army Commendation Medal (3rd award), Army Achievement Medal (2nd award), National Defense Service Medal, Korean Service Medal, Army Service Ribbon, and the Overseas Service Ribbon

10.  On 11 December 2006 she was honorably discharged from USAR.  She had a civilian break in service of 1 year, 2 months, and 23 days before accepting an appointment in the DCARNG effective 3 March 2008 with subsequent granting of Federal recognition.  

11.  The DA Form 2-1 - Part II provided by the applicant shows: 

* service in Korea from 19 September 2000 through 30 September 2001
* service in Kuwait from 28 November 2002 through 28 May 2003 
* an MOSC 25A (Signal Officer)
* award of the Army Commendation Medal (5th award), Army Achievement Medal (2nd award), National Defense Service Medal (with star), Korean Defense Service Medal, Global War on Terrorism Expeditionary Medal, Army Service Ribbon, Overseas Service Ribbon, and the Army Superior Unit Award (Aug 2009)

12.  The applicant's Interactive Personnel Electronic Records Management System file includes award certificates for only two Army Achievement Medals and five Army Commendation Medals.  One Army Achievement Medal and four of the Army Commendation Medals were awarded during her period on active duty.

13.  The Army Human Resources Command, Military Awards Branch Unit Awards Database titled ”Recently Approved Unit Awards" shows that Department of the Army Permanent Order Number 222-30, dated 15 August 2007, awarded the 2nd Battalion, 1st Air Defense Artillery Brigade a Meritorious Unit Citation for the period 29 August 2002 through 2 June 2003.

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

* 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.  
* a second award of the National Defense Service Medal is authorized for Soldiers who served in more than one of the four time periods listed above.  A subsequent award is not authorized for Soldiers who met the criteria in one time period, left active duty, and returned during the same period of eligibility
* the Korean Service Medal is awarded for service between 27 June 1950 and 27 July 1954
* the Korea Defense Service Medal is authorized for service in support of the defense of the Republic of Korea from 28 July 1954 to a date to be determined
* the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have 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 Iraq Campaign Medal on or after 11 September 2001 to a date to be determined
* 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
* Service members may be awarded both the Global War on Terrorism Expeditionary Medal and the Global War on Terrorism Service Medal if they meet the criteria for both awards; however, the qualifying service used to establish eligibility for one award cannot be used to justify eligibility for the other award
* the Overseas Service Ribbon is authorized for the award for each successful completion of each overseas tour

15.  In a document titled "Frequently Asked Questions", dated 22 January 2006, the U. S. Army Human Resources Command (HRC), Military Awards Branch addressed the question of the duration of service for award of the Overseas Service Ribbon to Soldiers deployed to Iraq or Afghanistan.  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  HRC stated that 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, in accordance with Army Regulation 614-30, Tables 3-2, rules 6 and 8.  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq or Afghanistan in a temporary change of station/tour of duty status get credit for completion of a short tour.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's total period of service encompasses only the most recent authorized period for award of the National Defense Service Medal.  Therefore, she is not authorized award of a second National Defense Service Medal.  Her DD Form 214 correctly shows a single award.

2.  While the applicant's ORB shows completion of two periods of overseas service, she did not meet the length of service requirement for her tour in Iraq to qualify for award of Overseas Service Ribbon.  Her DD Form 214 correctly reflects entitlement to only one Overseas Service Ribbon.

3.  The applicant was awarded four Army Commendation Medals during her period on active duty.  Her DD Form 214 reflects award of only three of them.  It is appropriate to correct this error.

4.  During her period of active duty, the applicant served in Kuwait/Iraq and was authorized award of the Global War on Terrorism Expeditionary Medal for this period of service.  This award is not reflected on her DD Form 214.

5.  Prior to her service in Kuwait/Iraq, the applicant met the requirements for entitlement to the Global War on Terrorism Service Medal.  Based on this period of service she is entitled to award of the Global War on Terrorism Service Medal.

6.  The applicant served with 2nd Battalion, 1st Air Defense Artillery during the period it was awarded the Meritorious Unit Citation.  The authorization for this award was not finalized until after the applicant's release from active duty and as such is not reflected on her DD Form 214.  It is appropriate to include it on her DD Form 214.

7.  Based on the above facts and findings it is appropriate the correct the applicant's DD Form 214 by:

	a.  deleting the Army Commendation Medal (3rd award) entry at item 13 on her DD Form 214; and

	b.  showing that, in addition to the awards on the DD Form 214, she is also authorized the Army Commendation Medal (4th award), Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, and the Meritorious Unit Citation.

8.  While the issues of correction of her DCARNG records are not addressed, the applicant can utilize this decisional document as verification of her active duty awards for the correction of those records. 

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.  deleting the Army Commendation Medal (3rd Award) from her 
DD Form 214 and

	b.  showing that, in addition to the awards on the DD Form 214, she is also authorized the Army Commendation Medal (4th award), Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, and the Meritorious Unit Citation.

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 award of a second National Defense Service Medal and a second Overseas Service Ribbon.  



      __________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)                                         AR20120010035



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ABCMR Record of Proceedings (cont)                                         AR20120010035



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