IN THE CASE OF:	  

		BOARD DATE:	  29 July 2014

		DOCKET NUMBER:  AR20130021245 


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, in effect, that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her awards of the Army Commendation Medal (ARCOM), Army Achievement Medal (AAM), and the Iraq Campaign Medal.

2.  The applicant states she served in Iraq and earned the awards and desires to have them reflected on her DD Form 214.

3.  The applicant provides copies of her award of the ARCOM, a certificate of achievement, a photograph, and her deployment orders.  

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 5 February 2002 for a period of 4 years, training as a mobile subscriber equipment (MSE) switching systems operator, assignment to Europe, and a cash enlistment bonus.

3.  She completed her training at Fort Gordon, Georgia and was transferred to Germany.  She deployed to Kuwait/Iraq during the period 20030306 – 20040303, served in two campaigns, and was returned to her unit in Germany.

4.  On 4 August 2004, she was honorably released from active duty (REFRAD) due to pregnancy.  She had served 2 years and 6 months of active duty and her DD Form 214 issued at the time of her REFRAD shows she was awarded the National Defense Service Medal, Army Service Ribbon, and Global War on Terrorism Service Medal.  It does not reflect her deployment to Kuwait/Iraq.

5.  A review of her official records failed to show that she was awarded an AAM; however, she has provided a copy of her award of the ARCOM with her application showing that Permanent Orders Number 188-61 issued by the Commander, 22nd Signal Brigade on 7 July 2003 awarded the ARCOM to the applicant for the period 19 March to 1 May 2003.

6.  Army Regulation 600-8-22 (Military Awards) states the Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

7.  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 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.  

8.  Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.  According to the Awards Branch at U.S. Army Human Resources Command, 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.  


9.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214 and provides that 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 deployed to Kuwait/Iraq during the period 20030306 – 20040303 during a qualifying period for award of the Iraq Campaign Medal with two bronze service stars, the Overseas Service Ribbon, and she was awarded the ARCOM.  Accordingly, that information should be reflected on her DD Form 214.

2.  The applicant’s contention that her award of the AAM should be added to her DD Form 214 has also been noted, but there is no evidence to show that she was awarded the AAM.  Therefore, in the absence of such evidence there appears to be no basis to add the AAM to her DD Form 214.

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:

* Adding the award of the Iraq Campaign Medal with two bronze service stars. Overseas Service Ribbon, and the ARCOM to her DD Form 214
* Adding the entry “Service in Kuwait/Iraq from 20030306 – 20040303” to item 18 of her DD Form 214

2.  The Board further determined that 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 the award of the AAM 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)                                         AR20130021245





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130021245



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1