BOARD DATE:	  28 April 2015

		DOCKET NUMBER:  AR20140016037 


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 that her records be corrected to show her deployment during Operations Enduring Freedom and Iraqi Freedom, that she be awarded the Global War on Terrorism Expeditionary Medal (GWOTEM) and Iraq Campaign Medal (ICM), and that her award of the Parachutist Badge be added.

2.  The applicant states that she served during Operations Enduring Freedom and Iraqi Freedom and should have been awarded the GWOTEM and ICM.  Her award of the Parachutist Badge should be added to her records.

3.  The applicant provides copies of her DD Form 214 (Certificate of Release or Discharge from Active Duty) and orders awarding her the Parachutist Badge.

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 was serving in the Florida Army National Guard as an automated logistics specialist when she enlisted in the Regular Army on            10 September 1999 for a period of 3 years and assignment to Europe.

3.  The applicant completed the 3-week basic airborne course at Fort Benning, Georgia on 9 November 2001.

4.  Information received from Defense Finance and Accounting Service officials indicate that the applicant deployed to Iraq/Kuwait during the period 20030319 – 20040314.

5.  On 30 June 2004, the applicant was honorably released from active duty (REFRAD) due to completion of required service.  She had served 4 years, 9 months and 21 days of active service during her current enlistment and her DD Form 214 issued at the time of her REFRAD shows that she served 2 years of foreign service and was awarded the Army Achievement Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Overseas Service Ribbon, and her rifle marksmanship badge.  Her DD Form 214 does not reflect her award of the Parachutist Badge, her airborne training or her Special Qualification Identifier (SQI) of "P".

6.  A review of her official military personnel file shows that she was awarded the Army Commendation Medal for the period of 1 October 2001 to 14 April 2004 in permanent orders number 040-009, issued by Headquarters, 507th Corps Support Group, Fort Bragg, North Carolina.

7.  Army Regulation 600-8-22 (Military Awards) states the ICM is awarded to members who have 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 include:

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

8.  Army Regulation 600-8-22 states the GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM. 

9.  Army Regulation 600-8-22 states service members 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.

10.  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 all foreign service performed during the period covered by the DD Form 214 will be entered in item 12f and for item 18 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 available evidence shows that the applicant deployed to Iraq/Kuwait during the period 20020319 – 20040314 and that she is entitled to have that deployment added to her DD Form 214.

2.  The applicant served in two campaigns during a qualifying period for award of the ICM with two bronze service stars and is entitled to have the award of the ICM with two bronze service stars added to her DD Form 214. 

3.  The applicant completed the 3-week basic airborne course in 2001, was awarded the parachutist badge, and was awarded the SQI of "P."  Therefore, she is entitled to have these added to her DD Form 214.

4.  Additionally, the applicant was awarded the ARCOM and is entitled to have that award added to her DD Form 214.

5.  However, there is insufficient evidence to show that the applicant is qualified for award of the GWOTEM.  Therefore, in the absence of such evidence, there appears to be no basis to award her the GWOTEM at this time. 

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:

* Deleting the entry "92A1O" from item 11 of her DD Form 214
* Adding the entry "92A1P" to item 11 of her DD Form 214
* Adding the Parachutist Badge, Army Commendation Medal, and Iraq Campaign Medal with two bronze service stars to item 13 of her DD Form 214
* Adding the entry "Basic Airborne Course 3 weeks 2001" to item 14 of her DD Form 214
* Adding the entry "Service in Kuwait/Iraq 20030314 – 20040314" 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 the GWOTEM.

3.  The Board wants the applicant and all others to know that the sacrifices she made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _  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)                                         AR20140016037





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ABCMR Record of Proceedings (cont)                                         AR20140016037



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