IN THE CASE OF:	  

		BOARD DATE:	  17 April 2014

		DOCKET NUMBER:  AR20130013870 


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 addition of the Meritorious Unit Commendation (MUC) to her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 10 April 2004.  She also requests conversion of the Global War on Terrorism Expeditionary Medal (GWOTEM)) to the Iraq Campaign Medal (ICM) with two bronze service stars if she not entitled to both, and addition of the award(s) to her DD Form 214.

2.  She states the MUC was awarded after she retired, but it was authorized for the period she served.  The ICM was authorized for participation in the Liberation of Iraq and Transition of Iraq campaigns, which cover the period she was deployed.

3.  She provides:

* three DD Forms 214
* DD Form 215 (Correction to DD Form 214)
* separation orders
* active duty orders
* memorandum, Subject:  MUC - Approval

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 Army National Guard on 2 March 1975.

3.  She was ordered to active duty on 7 February 2003 in support of Operation Enduring Freedom/Operation Iraqi Freedom.  She served in Kuwait and Iraq from 28 March 2003 to 31 March 2004.  On 10 April 2004, she was released from active duty (REFRAD).  Her DD Form 214 for this period shows, in part, award of the "War on Terrorism Expeditionary Medal" (correctly known as the GWOTEM).  This discharge document also shows her last duty assignment and major command as the 1166th Military Police Company Combat Support.

4.  On 11 April 2004, she was ordered to active duty again and was retired on 31 May 2005.  Her DD Form 214 issued for this period does not show award of the MUC or ICM with two bronze service stars.  This document also shows her last duty assignment and major command as the 1166th Military Police Company.

5.  She provided a memorandum, dated 16 April 2007, from the Chief, Military Awards Branch, U.S. Army Human Resources Command (HRC), which indicates the recommendation for award of the MUC to the 1166th Military Police Company for the period 28 March 2003 to 31 March 2004 had been approved.

6.  A review of the HRC, Military Awards Branch unit awards database revealed the 1166th Military Police Company was awarded the MUC for the period 28 March 2003 through 31 March 2004 by Department of Army General Order 2009-13, dated 16 December 2009.

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

	a.  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 to 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)

	b.  Service members who qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005 in an area for which the ICM was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

	c.  According to the HRC Awards Branch, 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 continuous months in Iraq or Afghanistan receive credit for a completed short tour.  Rules 6 and 8 of Army Regulation 614-30 (Overseas Service), table 3-2, apply.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the 1166th Military Police Company was awarded the MUC for the period 28 March 2003 through 31 March 2004 by Department of Army General Order 2009-13, dated 16 December 2009.  Since the applicant was assigned to this unit during this period, she is eligible for award of the MUC and correction of her DD Forms 214 for the periods ending 10 April 2004 and 31 May 2005 to show this award.

2.  Her DD Form 214 for the period ending 10 April 2004 shows she served in Kuwait/Iraq from 28 March 2003 to 31 March 2004.  

3.  Based on her service in Iraq/Kuwait, she is eligible for award of either the GWOTEM or the ICM with two bronze service stars.  Regulatory guidance precludes receipt of both the GWOTEM and ICM for the same act, achievement, or period of service.  Since the applicant prefers award of the ICM with two bronze service stars, her DD Forms 214 for the periods ending 10 April 2004 and 31 May 2005 should be amended to reflect this award.

4.  She completed sufficient service in Kuwait/Iraq to receive credit for completion of one short tour.  Therefore, she is also eligible for one award of the Overseas Service Ribbon and correction of her DD Forms 214 for the periods ending 
10 April 2004 and 31 May 2005  to show this ribbon.
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 the DD Forms 214 for the periods ending 10 April 2004 and 31 May 2005 of the individual concerned be corrected by:

	a.  deleting award of the GWOTEM and

	b.  adding award of the MUC, ICM with two bronze service stars, and Overseas Service Ribbon.



      ____________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)                                         AR20130013870





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ABCMR Record of Proceedings (cont)                                         AR20130013870



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