IN THE CASE OF:	  

		BOARD DATE:	  4 March 2014

		DOCKET NUMBER:  AR20130011712 


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 Army Achievement Medal (AAM) (2nd Award), Korea Defense Service Medal (KDSM), Iraq Campaign Medal (ICM), Valorous Unit Award (VUA), and Army Good Conduct Medal (AGCM) and her deployment to Iraq.

2.  The applicant states, in effect, that she served an overseas tour in Korea and deployed to Iraq from 6 April 2003 to 6 March 2004.  Her DD Form 214 does not reflect her combat tour in Iraq or her correct overseas service.  Additionally, it does not reflect her awards of the AAM (2nd Award), KDSM, ICM, VUA, and AGCM.

3.  The applicant provides copies of her DD Form 214, memorandum of deployment, General Orders Number 2009-32, deployment orders, orders assigning her to Korea, and two recommendations for award of the AAM.

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 19 July 2001 for a period of 3 years, training as a chemical operations specialist, assignment to Korea, and a cash enlistment bonus.  She completed her training at Fort Leonard Wood, Missouri, and was transferred to Korea on 10 January 2002.

3.  She completed her tour in Korea on 9 January 2003 and was transferred to Fort Hood, Texas.  She deployed to Iraq during the period 6 April 2003 to 6 March 2004 (11 months and 1 day) with the 46th Chemical Company and was attached to the 64th Forward Support Battalion.  She was advanced to pay grade E-4 on 19 July 2003.

4.  On 18 July 2004, she was honorably released from active duty due to completion of required service.  She completed 3 years of total active service.  Her DD Form 214 shows she was awarded the AAM, National Defense Service Medal, Army Service Ribbon, and Overseas Service Ribbon (OSR).  Her DD Form 214 shows only 1 year of foreign service.

5.  The applicant was awarded the AAM in Permanent Order Number 275-1, dated 2 October 2002, and Permanent Order Number 202-3, dated 20 July 2004.  Her records contain no derogatory information that would serve to disqualify her for award of the AGCM (1st Award).

6.  Department of the Army General Orders Number 2009-32 awarded the VUA to Company C, 64th Support Battalion, and 3rd Platoon, 46th Chemical Company, during the period 20 April 2003 to 22 March 2004.

7.  Army Regulation 600-8-22 (Military Awards) states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

8.  Army Regulation 600-8-22 states the ICM 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 ICM 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 during the applicant's deployment period are:

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

9.  Army Regulation 600-8-22 states the KDSM is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

10.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who 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 ICM.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined, having served 30 consecutive or 60 nonconsecutive days, are authorized the GWOTSM.

11.  Army Regulation 600-8-22 states the OSR is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the OSR.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparation of the DD Form 214.

	a.  For item 12f (Foreign Service), enter the total amount of foreign service completed during the period covered by the DD Form 214.

	b.  For item 18 (Remarks) for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant served during a qualifying period for award of the KDSM.  Accordingly, it should be added to her DD Form 214 at this time.

2.  She served in two campaigns during a qualifying period for award of the ICM.  Accordingly, the ICM with two bronze service stars should be added to her DD Form 214.

3.  The applicant also served during a qualifying period for award of the GWOTSM and that award should be added to her DD Form 214 as well.

4.  The applicant was awarded two AAM's and is entitled to have the AAM (2nd Award) added to her DD Form 214.

5.  The applicant completed two overseas tours and is entitled to have the OSR with Numeral 2 added to her DD Form 214.

6.  The applicant served during a qualifying period for award of the AGCM (1st Award) and given that there is no derogatory information in her records to serve as a disqualification, it must be presumed that the failure to award her the AGCM (1st Award) was simply an administrative oversight.  Therefore, as a matter of equity she should be awarded the AGCM (1st Award) for the period 19 July 2001-18 July 2004 and it should be added to her DD Form 214.

7.  The applicant's unit was awarded the VUA for its deployment to Iraq during the period she served with the unit.  Accordingly, the VUA should be added to her DD Form 214.

8.  The applicant also completed a total of 1 year, 11 months and 1 day of foreign service and this should be reflected in item 12f of her DD Form 214.

9.  The applicant deployed to Iraq during the period 6 April 2003 to 6 March 2004 and is entitled to have this service entered in item 18 of her DD Form 214.

BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

	a.  awarding her the AGCM (1st Award) for the period 19 July 2001-18 July 2004,

	b.  deleting the entry "0001  00  00" from item 12f of her DD Form 214,

	c.  adding the entry "0001  11  01" to item 12f of her DD Form 214,

	d.  deleting award of the AAM and OSR from her DD Form 214,

	e.  adding the following awards to her DD Form 214:

* AAM (2nd Award)
* AGCM (1st Award)
* ICM with two bronze service stars
* GWOTSM
* KDSM
* OSR with Numeral 2
* VUA

	f.  adding the entry "SERVICE IN IRAQ FROM 20030406-20040306" to item 18 of 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)                                         AR20130011712



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ABCMR Record of Proceedings (cont)                                         AR20130011712



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