BOARD DATE:	  11 December 2014

		DOCKET NUMBER:  AR20140007188 


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, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all of her authorized awards.

2.  The applicant states that the Overseas Service Ribbon (2nd Award) and Meritorious Unit Commendation (MUC) were omitted from her final DD Form 214.

3.  The applicant provides copies of her final DD Form 214 and MUC award documents.

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 (ARNG) of the United States and Pennsylvania ARNG (PAARNG) on 7 March 2005 for a period of 
8 years.

3.  A DD Form 214 shows she entered active duty for training (ADT) on 10 June 2005, was released from ADT on 30 September 2005, and transferred to a PAARNG unit.  She was awarded military occupational specialty 88M (Motor Transport Operator).  It also shows in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Army Service Ribbon.

4.  A DD Form 214 shows the applicant was ordered to active duty (OAD) on 
22 October 2006 in support of Operation Iraqi Freedom (OIF), honorably released from active duty on 9 October 2007, and transferred to the PAARNG.  She had completed 11 months and 18 days of net active duty service this period that included 8 months and 8 days of foreign service in Kuwait and Iraq from 
24 December 2006 to 1 September 2007.  Item 13 shows the –

* Army Commendation Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Armed Forces Reserve Medal with "M" (Mobilization) Device
* Driver and Mechanic Badge with Driver – "W" (Wheeled Vehicle) Clasp

5.  A DD Form 214 shows the applicant was OAD on 27 November 2010 in support of Operation Enduring Freedom (OEF), retired based on permanent disability on 19 February 2014, and transferred to the U.S. Army Reserve Control Group (Retired).  She had completed 3 years, 2 months, and 
23 days of net active duty service this period that included 1 year, 2 months, and 22 days of foreign service in Afghanistan from 7 January 2011 to 19 July 2011.  Item 13 shows the –

* Afghanistan Campaign Medal with 2 Bronze Service Stars
* Purple Heart
* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with 1 Bronze Service Star
* Noncommissioned Officer Professional Development Ribbon with
Numeral 2
* Army Service Ribbon
* Overseas Service Ribbon
* Armed Forces Reserve Medal with "M" Device
* North Atlantic Treaty Organization Medal
* Combat Action Badge
* Driver and Mechanic Badge with Driver – "W" Clasp

6.  In support of her request the applicant provides copies of the following documents:

   a.  A webpage screenshot from the U.S. Army Human Resources Command (HRC) website that shows the recommendation for the MUC for the period
30 August 2006 to 15 August 2007 pertaining to the 260th Quartermaster Battalion, and assigned or attached units, including the 1048th Transportation Company (Medium) for the period 14 September 2006 to 15 August 2007, was approved and announced in Permanent Order Number 217-02.

   b.  Headquarters, 1048th Transportation Company (Medium), Stratford, CN, Memorandum for Record, dated 18 April 2010, subject:  Authorization to Wear Army MUC Award, that shows the commander confirmed that all Soldiers assigned and attached to the 1048th Transportation Company (Medium) who served during the period 14 September 2006 to 15 August 2007 in a combat zone are authorized to wear the MUC per Permanent Order Number 217-02.

7.  A review of the HRC, Awards and Decorations Branch, "Approved Unit Awards" listing shows the 260th Quartermaster Battalion, and assigned or attached units including the 1048th Transportation Company (Medium), was cited for award of the MUC for the period 30 August 2006 to 15 August 2007 and that the award was pending announcement in Department of the Army General Orders.

8.  A review of the applicant's military personnel records reveals she may be entitled to additional awards that are not shown on her DD Forms 214.

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

	a.  The Iraq Campaign Medal (ICM) is authorized for award to members of the Armed Forces of the United States who served in direct support of OIF.  The area of eligibility encompasses all land area of the country of Iraq and 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.

	 	(1)  The ICM period of eligibility is on or after 19 March 2003 to 31 December 2011 (the cessation of OIF).

		(2)  A bronze service star is authorized with this service medal for each Iraq campaign a member is credited with participating in.  During the applicant's period of service in Iraq, participation credit was awarded for the following two campaigns:

* National Resolution (16 December 2005 - 9 January 2007)
* Iraqi Surge (10 January 2007 - 31 December 2008)

	b.  The Overseas Service Ribbon (OSR) is awarded for successful completion of overseas tours.  According to the HRC Awards and Decorations 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her DD Form 214 should be corrected to show all of her authorized awards and decorations.

2.  Records show the applicant served in Kuwait and Iraq in support of OIF from 24 December 2006 to 1 September 2007 and in Afghanistan in support of OEF from 7 January 2011 to 19 July 2011.

3.  The evidence of record shows:

   a.  the applicant qualified for award of the ICM and she participated in two campaigns during her service in Iraq.  Thus, she is authorized two bronze service stars for wear on her already-awarded ICM;

   b.  permanent orders announced award of the MUC to the applicant's unit;

   c.  she was authorized the OSR for her 8 months and 8 days of service in support of OIF (although it appears she did not complete the required 9 months of service).  She subsequently served in Afghanistan for a period of 6 months and 13 days.  Thus, the evidence of record fails to show that she completed the required 9 continuous months in Afghanistan to receive credit for a completed short tour.  Therefore, she is not entitled to a second award of the OSR.
   
4.  Therefore, it would be appropriate to correct the applicant's DD Forms 214 to show her awards and decorations, as recommended below.

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.  deleting from item 13 of her 19 February 2014 DD Form 214 the "Iraq Campaign Medal w/ Campaign Star"; and

   b.  adding to item 13 of her 19 February 2014 DD Form 214 the –

* Iraq Campaign Medal with 2 Bronze Service Stars
* Meritorious Unit Commendation

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 a second award of the 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)                                         AR20140004578



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ABCMR Record of Proceedings (cont)                                         AR20140007188



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