IN THE CASE OF:	  

		BOARD DATE:	  18 June 2013

		DOCKET NUMBER:  AR20120020651 


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) for the period ending on 15 June 2004 to:

* show her rank/grade as sergeant (SGT)/E-5
* add all the awards/State awards she earned/received 

2.  The applicant states, in effect, that she does not have a DD Form 214 noting her rank/grade as SGT/E-5 or listing all of her awards. 

3.  The applicant provides:

* DD Form 214
* National Guard Bureau (NGB) Form 22-5-R-E (Addendum), dated 3 July 2007
* Orders 193-079, dated 12 July 2006
* DA Form 4187 (Personnel Action), dated 4 October 2007
* Orders 290-1058, dated 17 October 2007

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 Ohio Army National Guard (OHARNG) on 23 August 2001.  She entered active duty for training on 12 June 2002 and completed required training for and was awarded military occupational specialty 88M (Motor Transport Operator). 

3.  She was honorably released from ADT in the rank/grade of private/E-2 on 4 October 2002.  She was issued a DD Form 214 that captured her active service.  This form shows she was awarded or authorized the Army Service Ribbon.

4.  She entered active duty on 11 February 2003 in support of Operations Enduring/Iraqi Freedom and subsequently served in Kuwait/Iraq (shown as Southwest Asia on her DD Form 214) from 26 April 2003 to 28 April 2004.  

5.  Permanent Orders (PO) Number 18-1, issued by Headquarters, 7th Corps Support Group, on 18 January 2004, awarded her the Army Commendation Medal for achievement from 1 August 2003 to 20 January 2004.  

6.  She was honorably released from active duty in the rank/grade of specialist (SPC)/E-4 on 15 June 2004.  Her DD Form 214 for this period of service shows in:

* Items 4a (Grade, Rate or Rank) and 4b (Pay Grade) - "SPC" and "E-4" respectively
* Item 12h (Effective Date of Pay Grade) - "2003-05-11"
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, and Army Service Ribbon

7.  On 7 September 2004, the OHARNG issued a memorandum awarding her the Ohio Award of Merit and the Army Reserve Components Achievement Medal, effective 22 August 2004.

8.  On 24 October 2005, the OHARNG issued a memorandum which states she was eligible for the Iraq Campaign Medal for the period 27 April 2003 through 5 May 2004.

9.  PO Number 309-047, issued by the OHARNG, on 5 November 2006, awarded her the Army Good Conduct Medal (1st Award) for service from 
11 February 2003 to 10 June 2004.

10.  PO Number 171-001, issued by the OHARNG, on 20 June 2006, awarded her the Combat Action Badge for service from 8 July 2003 to 9 July 2003.

11.  Orders 193-079, issued by the OHARNG, on 12 July 2006, promoted her to the rank/grade of SGT/E-5.

12.  She requested and was authorized a transfer to the Texas Army National Guard (TXARNG) effective July 2006.

13.  On 17 October 2007, the TXARNG published Orders 290-1058 honorably discharging her from the ARNG, in the rank/grade of SGT/E-5, effective 22 August 2007. 

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

	a.  Army Regulation 600-8-22 (Military Awards) states 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.  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 in operations approved by the Secretary of Defense.  

	b.  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 through 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  

15.  By message dated 8 February 2005, the Military Awards Branch, U.S. Army Human Resources Command, provided clarification on award of the Army Good Conduct Medal.  It stated Reserve Component (RC) Soldiers mobilized onto active duty under Title 10 are performing "active Federal military service" and are therefore eligible to be awarded the Army Good Conduct Medal.  The qualifying periods of service must be continuous enlisted active Federal service.

16.  Army Directive 2012-05, dated 21 February 2012, approved changes to Army Regulation 600-8-22 for entitlement to the Army Reserve Components Achievement Medal.  It states when a qualifying period of TPU service is broken by mobilization, the period of service prior to the mobilization will be added to the period following mobilization for award eligibility.  Qualifying time for award of the Army Reserve Components Achievement Medal will not be lost and will continue to count toward award of the Army Reserve Components Achievement Medal once personnel are no longer activated/mobilized.  The period of service used to award the Army Good Conduct Medal cannot be used toward of the Army Reserve Components Achievement Medal.  However, periods of active duty that do not meet the eligibility requirement for award of the Army Good Conduct Medal may be used for award of the Army Reserve Components Achievement Medal.  Enlisted Soldiers ordered to active duty for 365 days or more will be awarded the Army Reserve Components Achievement Medal if they complete 2 of the 3 years of qualifying service requirement.  These changes are retroactive to 11 September 2001.

17.  Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of a 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.  

* items 4a and 4b, show the active duty grade or rank and pay grade at the time of separation
* item 12h, from the most recent promotion or reduction order, show the effective date of promotion to the current pay grade
* item 13 of the DD Form 214 list awards and decorations, from the Soldier's records, in the sequence specified in Army Regulation 600-8-22

DISCUSSION AND CONCLUSIONS:

1.  PO awarded the applicant the Army Commendation Medal, the Army Good Conduct Medal, and the Combat Action Badge during a period covered by her DD Form 214 for the period ending on 15 June 2004; therefore, she is entitled to correction of her DD Form 214 to add these awards.

2.  When the applicant was released from active duty in June 2004, she held the rank/grade of SPC/E-4.  She was promoted to SGT/E-5 after the period covered by her DD Form 214 for the period ending on 15 June 2004; therefore, she is not entitled to correction of her DD Form 214 to correct her rank/grade.

3.  She was awarded the Ohio Award of Merit.  However, state awards are not governed by Army Regulation 600-8-22 and as such, there is no provision for adding State awards to the DD Form 214.

4.  She was authorized the Army Reserve Component Achievement Medal on 22 August 2004.  However, she did not meet the criteria for this award from that period of service:

	a.  A recent change states enlisted Soldiers ordered to active duty for 365 days or more will be awarded the Army Reserve Components Achievement Medal if they complete 2 of the 3 years of qualifying service requirement, retroactive to 11 September 2001.

	b.  She enlisted in the OHARNG on 23 August 2001 and she was honorably released from active duty on 15 June 2004.  The total period of service between these two dates is 2 years, 7 months, and 22 days.  However, she was mobilized for 1 year, 4 months, and 4 days.  This left her with 1 year, 3 months, and 17 days of inactive service (less than 2 years).  She did not meet the criteria for this award.

5.  Army regulations state that a Soldier cannot receive the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal for the same act, achievement, or period of service.  However, upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  Therefore, based on regulatory guidance she is not entitled to the addition of the Iraq Campaign Medal to her DD Form 214 unless she requests this medal in lieu of the Global War on Terrorism Expeditionary Medal currently shown on her DD Form 214.

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 adding to her DD Form 214 for the period ending on 15 June 2004 the:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Combat Action Badge

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:

* Iraq Campaign Medal
* Ohio Award of Merit
* Army Reserve Components Achievement Medal
* her rank and grade of SGT/E-5



      _____________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)                                         AR20120020651





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ABCMR Record of Proceedings (cont)                                         AR20120020651



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