BOARD DATE:	  22 October 2013

		DOCKET NUMBER:  AR20130002757 


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:

* award of the Air Medal (2nd Award)
* award of the Aviation Badge
* all training and courses she completed

2.  The applicant states her DD Form 214 is missing training courses she completed and the following awards:

* Air Medal awarded by the 57th Medical Company, 56th Medical Evacuation Battalion, 1st Medical Brigade, 30th Medical Brigade (now known as the 30th Medical Command), for the period 12 April 2003 through 1 July 2003
* Air Medal awarded by the 57th Medical Company, 4th Infantry Division, for the period 12 April 2003 through 12 October 2003

3.  The applicant provides:

* two Air Medal Certificates
* two DA Forms 638 (Recommendation for Award)


* orders issued by Headquarters, U.S. Army School of Aviation Medicine, Fort Rucker, AL –

* Permanent Orders 239-022, dated 27 August 2001
* Permanent Orders 264-022, dated 21 September 2001

* Flight Medic Course Diploma

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 8 July 1997.  She completed training and was awarded military occupational specialty 91W (Health Care Specialist).

3.  The applicant's complete Army Military Human Resource Record is not available for review.

4.  Her DA Form 1059 (Service School Academic Evaluation Report), dated 21 September 2000, shows she completed the Primary Leadership Development Course, Class 000823, during the period 23 August 2000 through 22 September 2000 (4 weeks).

5.  Permanent Orders 293-022 show her status as a non-crewmember was terminated on 21 September 2001.

6.  Permanent Orders 264-022 show she was awarded the Aviation Badge on 21 September 2001.

7.  The applicant provides her diploma for completing Flight Medicine Course 300-F6 during the period 27 August 2001 through 21 September 2001 (3 weeks).  She also provides copies of her Air Medal Certificates and DA Forms 638 which show she was awarded:

* the Air Medal for the period 12 April 2003 to 1 July 2003 by Permanent Order Number 129-2159, dated 8 May 2003, for duties as a crewmember who flew forward into several remote areas in some of the most arduous and challenging flight conditions during combat operations to evacuate casualties
* the Air Medal for the period 12 April 2003 to 12 October by Permanent Order Number 318-10, dated 28 November 2003, for duties as a flight medic saving numerous lives while flying over 130 hours and participating in over 70 highly-dangerous medical evacuation missions for over 6 months

8.  On 18 March 2004, the applicant was honorably released from active duty.

* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 does not show award of the Air Medal or Air Medal (2nd Award)
* item 14 (Military Education) of her DD Form 214 does not show completion of the Primary Leadership Development Course or Flight Medic Course
* item 18 (Remarks) of her DD Form 214 shows "SERVICE IN OPERATION IRAQI FREEDOM (IRAQ) FROM 20030405 TO 20031128"

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Air Medal is awarded to any person who, while serving in any capacity in or with the U.S. Army, has distinguished himself or herself by meritorious achievement while participating in aerial flight.  Awards may be made to recognize single acts of merit or heroism or for meritorious service as described below.

		(1)  Awards may be made for acts of heroism in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party which are of a lesser degree than required for award of the Distinguished Flying Cross.

		(2)  Awards may be made for single acts of meritorious achievement involving superior airmanship which are of a lesser degree than required for award of the Distinguished Flying Cross, but nevertheless were accomplished with distinction beyond that normally expected.

		(3)  Awards for meritorious service may be made for sustained distinction in the performance of duties involving regular and frequent participation in aerial flight for a period of at least 6 months.  In this regard, accumulation of a specified number of hours and missions will not serve as the basis for award of the Air Medal.

		(4)  Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

	b.  Only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.  The award of a decoration in recognition of a single act of heroism or meritorious achievement does not preclude an award for meritorious service at the termination of an assignment.  Recommendations for award of a decoration for meritorious service will not refer to acts of heroism or meritorious achievements which have been previously recognized by award of a decoration.  Continuation of the same or similar type service already recognized by an award for meritorious service or achievement will not be the basis for a second award.  If appropriate, an award may be made to include the extended period of service by superseding the earlier award, or the award previously made may be amended to incorporate the extended period of service.

	c.  The Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom.  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.  Approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010)
* New Dawn (1 September 2010-31 December 2011)

	d.  The Global War on Terrorism Service Medal is awarded to all Soldiers serving on active duty on or after 11 September 2001 to a date to be determined, having served 30 consecutive or 60 nonconsecutive days.

	e.  The Noncommissioned Officer Professional Development Ribbon is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses.  Effective 30 March 1989, a service member will be awarded the Noncommissioned Officer Professional Development Ribbon with the numeral which identifies the highest level of NCOES successfully completed as follows:

* 1 = Bar Ribbon Device = Primary Level
* 2 = Basic Level
* 3 = Advanced Level
* 4 = Senior Level

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.

	a.  Form item 13, awards and decorations for all periods of service will be entered in the priority sequence specified in Army Regulation 600-8-22.

	b.  For item 14, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 from the enlisted record brief/officer record brief.  Include title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of her DD Form 214 to show award of the Air Medal (2nd Award) and all training courses she completed was carefully considered.

2.  Records show the applicant successfully completed the Primary Leadership Development Course and Flight Medic Course; therefore, she is entitled to correction of her DD Form 214 to show these course completions.

3.  Although the applicant was awarded two Air Medals, the periods for the awards overlap and the descriptions of the service for which she received 
awards are substantially the same.  The governing regulation states only one award will be awarded for the same period of service.  It appears an error was made that resulted in the overlap.  She was not entitled to two awards covering the same period of service; however, notwithstanding the error, it would be appropriate to correct her DD Form 214 to show one award of the Air Medal.

4.  Permanent orders awarded her the Aviation Badge; therefore, she is entitled to correction of her DD Form 214 to show this badge.

5.  Records show she served in Iraq during the period 5 April 2003 through 28 November 2003.  Therefore, she is authorized award of the Iraq Campaign Medal with two bronze service stars and correction of her DD Form 214 to show this award.

6.  The applicant served a qualifying period for award of the Global War on Terrorism Service Medal; therefore, she is authorized correction of her DD Form 214 to show this award.

7.  The applicant completed the Primary Leadership Development Course, the first course of study for noncommissioned officers; therefore, she is entitled to award of the Noncommissioned Officer Professional Development Ribbon.

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 amending her DD Form 214 to show:

* item 13 –

* Primary Leadership Development Course, 4 Weeks, 2000
* Flight Medicine Course, 3 Weeks, 2001
* item 14 –

* Air Medal
* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Aviation 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 adding a second award of the Air Medal to her DD Form 214.



      ____________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)                                         AR20130002757



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