IN THE CASE OF:	

		BOARD DATE:	  6 June 2013

		DOCKET NUMBER:  AR20120021564 


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 show all of her awards to include the Purple Heart.

2.  The applicant states her DD Form 214 does not include all of her awards.

3.  The applicant provides copies of:

* DD Form 214
* DA Form 4187 (Personnel Action) dated 9 June 2004
* Permanent Orders 144-041, Multi-National Corps Iraq, dated 23 May 2004
* Certificate for award of the Purple Heart

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.  On 15 March 2003, the applicant was ordered to active duty as a member of the Army National Guard (ARNG) in support of Operation Enduring Freedom.

3.  Records show the applicant served in Iraq from 13 June 2003 to 3 May 2004, a period of approximately 11 months.

	a.  Memorandum, Company B, 234th Signal Battalion, dated 4 March 2004, announced award of the Driver and Mechanic Badge with Driver-W Bar.

	b.  Permanent Orders 144-041, as provided by the applicant, dated 23 May 2004, announced award of the Purple Heart for wounds received as a result of enemy or hostile actions on 11 April 2004.

4.  On 28 May 2004, the applicant was released from active duty.  She had completed 1 year, 2 months, and 28 days of creditable active duty service.

5.  The applicant's DD Form 214 ending on 28 May 2004 shows she received the following awards:

* Army Lapel Button
* Army Commendation Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon

6.  Her DA Form 2-1 (Personnel Qualification Record - Part II) shows in Item 9 (Awards, Decorations and Campaigns) that the applicant was awarded the Army Good Conduct Medal for the period ending on 1 June 2004.

7.  Permanent Orders 292-151, State of Illinois, dated 19 October 2005, announced award of the Combat Action Badge for the period 15 March 2003 through 1 June 2004 when the applicant had engaged the enemy while assigned to an authorized hostile fire/imminent danger pay area in support of Iraqi Freedom II.



8.  Permanent Orders 274-02, U.S. Army Human Resources Command, dated 
1 October 2009, announced award of the Meritorious Unit Commendation to the 234th Signal Battalion during the period of the applicant's service with this unit.

9.  Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon is awarded for successful completion of overseas tours. According to the Awards Branch at HRC, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour.

10.  Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  The period of eligibility is on or after 19 March 2003 to 31 December 2011.  Under no condition will personnel or units receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns included:

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

11.  Army Regulation 600-8-22 states service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  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.  No service member will be entitled to both medals for the same act, achievement, or period of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her DD Form 214 should be corrected to show all of her awards to include the Purple Heart.

2.  The available evidence clearly shows that the applicant was awarded the Purple Heart for wounds received as a result of enemy or hostile actions on 
11 April 2004.  Therefore, this medal should be shown on her DD Form 214.

3.  Permanent orders announced award of the Meritorious Unit Commendation to the applicant's unit.  Therefore, this award should be shown on her DD Form 214.

4.  The applicant served a qualifying period of overseas service and is therefore authorized to wear the Overseas Service Ribbon.  Accordingly, this ribbon should be shown on her DD Form 214.

5.  Records show that the applicant was awarded the Army Good Conduct Medal for her period of active duty ending on or about 1 June 2004.  Therefore, this medal should be shown on her DD Form 214.

6.  Records show the applicant was awarded the Driver and Mechanic Badge with Driver-W Bar.  Therefore, this badge should be shown on her DD Form 214.

7.  Permanent orders announced award of the Combat Action Badge to the applicant for her combat service in Iraq during 2003 and 2004.  Therefore, this badge should be shown on her DD Form 214.

8.  Records show the applicant was awarded the Global War on Terrorism Expeditionary Medal for her service in Iraq during 2003 and 2004.  Regulatory guidance provides her the opportunity to exchange this medal for the Iraq Campaign Medal with two bronze service stars.  Should she desire to do so, she may submit another request clearly stating that she wants the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 the:


* Purple Heart
* Meritorious Unit Commendation
* Army Good Conduct Medal
* Overseas Service Ribbon
* Combat Action Badge
* Driver and Mechanic Badge with Driver-W Bar



      ____________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)                                         AR20120021564





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ABCMR Record of Proceedings (cont)                                         AR20120021564



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