IN THE CASE OF:
BOARD DATE: 4 February 2014
DOCKET NUMBER: AR20130008383
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:
a. her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 June 2003 be added to her Army Military Human Resource Record (AMHRR) on the interactive Personnel Electronic Records Management System (iPERMS).
b. any reference to a 2009 rank reduction or separation due to misconduct be removed from her AMHRR on iPERMS.
2. The applicant states:
* she wants the DD Form 214 added to her military records including all medals and awards
* the unit administrator at the 151st Theater Information Operations Group at Fort Totten, NY, was extremely unprofessional and deleted this
DD Form 214 from her records
* she sent several Inspector General (IG) complaints, but nothing happened to correct it
* her rank was immediately restored vie the IG less than 3 months after it was reduced
* she doesn't want any trace of a rank reduction in her records
* the separation orders initiated are in iPERMS and she wants them deleted because they were illegal
* she wants her awards included in her records because she earned them
3. The applicant provides:
* two applications
* page 4 of her Army Board for Correction of Military Records (ABCMR) Record of Proceedings, dated 15 November 2012
* DD Form 214 for the period ending 1 June 2003
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) on 24 February 1997 for a period of 6 years and she trained as a metal worker. On 1 September 2004, she was discharged from the USAR in the rank/grade of SPC.
2. On 13 February 2006, she again enlisted in the USAR in the rank of SPC. She was ordered to active duty on 10 February 2003 in support of Operation Enduring Freedom and she was released from active duty (REFRAD) on 1 June 2003.
3. Her DD Form 214 for the period ending 1 June 2003 shows she was awarded or authorized the:
* Army Reserve Components Achievement Medal (2nd Award)
* National Defense Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
4. On 15 November 2012, the ABCMR granted relief by:
a. amending her enlistment contract, dated 13 February 2006, to show she enlisted for 6 years.
b. adjusting her expiration term of service date to 12 February 2012 and having the USAR publish orders discharging her from the USAR with the appropriate character of service.
c. removing reduction in rank orders, dated 16 July 2009, from her records (based on an IG inquiry the unit was informed her reduction was improper).
5. Orders, dated 21 November 2012, show she was discharged under honorable conditions (a general discharge) from the USAR effective 30 November 2012. There is no evidence this discharge was due to misconduct.
6. Orders, dated 20 September 2013, revoked her USAR discharge effective
30 November 2012.
7. A review of her AMHRR in iPERMS did not reveal:
* her DD Form 214 for the period ending 1 June 2003
* any evidence of a 2009 rank reduction
* any evidence of a separation due to misconduct
8. Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Service Medal (GWOTSM) 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 (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.
DISCUSSION AND CONCLUSIONS:
1. Evidence shows the applicant was ordered to active duty on 10 February 2003 and she was REFRAD on 1 June 2003. Her DD Form 214 for the period ending 1 June 2003 shows she received the Army Reserve Components Achievement Medal (2nd Award), National Defense Service Medal, Armed Forces Reserve Medal with "M" Device, and Army Service Ribbon.
2. Since she served a period of qualifying service for award of the GWOTSM, her DD Form 214 for the period ending 1 June 2003 should be corrected to show this medal.
3. Since her AMHRR in iPERMS does not contain her DD Form 214 for the period ending 1 June 2003, it would be appropriate to add this DD Form 214 to her AMHRR in iPERMS.
4. Since there is no evidence of a 2009 rank reduction or separation due to misconduct in her AMHRR in iPERMS, there is no basis for granting her request to remove such information.
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:
a. adding the GWOTSM to her DD Form 214 for the period ending 1 June 2003; and
b. adding her DD Form 214 for the period ending 1 June 2003 to her AMHRR in iPERMS.
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 removing any documents from her AMHRR in iPERMS.
_______ _ 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) AR20130008383
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