IN THE CASE OF:  	  

		BOARD DATE:  7 July 2015    	    

		DOCKET NUMBER:  AR20140017885


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 she received the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal (GWOTEM), the National Defense Service Medal (NDSM) (2nd Award), Presidential Unit Citation (PUC), and the Valorous Unit Award (VUA) while with her unit from 23 April 2003 to 22 August 2003. 

2.  The applicant states:

* she served with her unit during Operation Iraqi Freedom (OIF) and feels these awards should be added to her DD Form 214 
* she has spent a great deal of time trying to find the awards that her unit received 
* she wishes to ensure that she is able to have a complete and accurate record of her service in the Army
* she redeployed stateside prior to her unit and was not able to be with them at the time the awards were issued

3.  The applicant does not provide any further documentation.

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.  On 20 May 1999, the applicant enlisted in the Regular Army and was awarded military occupational specialty 91W (Health Care Specialist). 

3.  The applicant states she was assigned to the 2nd Armored Cavalry Regiment Medical Troop when the unit received the PUC and VUA; however, there are no orders or documentation to support her claim in her official military personnel file (OMPF).

4.  The applicant's record is incomplete.  There are no records providing details of her deployment.

5.  She was honorably released from active duty on 30 November 2003.  Her 
DD Form 214 shows she completed 4 years, 6 months, and 11 days of active duty.  It also shows in:

* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – Army Commendation Medal, Army Achievement Medal (2nd Award), NDSM, Army Service Ribbon and Combat Medical Badge (CMB)
* item 18 (Remarks) – "Soldier was deployed in support of Operation Iraq Freedom from 25 April 2003 to 22 August 2003"

6.  The unit history published on the 2nd Armored Cavalry Regiment website states the entire regiment was deployed to Iraq for a year starting in May 2003.

7.  According to the Defense Finance and Accounting Service (DFAS), the applicant received Hostile Fire/Imminent Danger Pay and Combat Zone Tax Exclusion for the period 27 April 2003 to 21 August 2003 for service in Kuwait.  

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance for preparation of the DD Form 214.  It states that for item 13 to list all awards and decorations from the Soldier's records.

9.  Department of the Army General Orders Number 2009-24, dated 10 December 2009, announced award of the PUC to the 2nd Armored Cavalry Regiment for the period 6 April 2003 to 15 June 2004.  

10.  A review of unit awards records maintained by the U.S. Army Human Resources Command failed to reveal any evidence indicating the 2d Armored Cavalry Regiment was awarded the VUA for service in Iraq.  

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

	a.  The ICM is awarded to members who have served in direct support of OIF.  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 Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 
31 December 2011.  One bronze service star is authorized for service in each designated campaign.  Approved campaigns are:

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

	b.  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. 

	c.  The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.  The GWOTSM may be awarded posthumously.  Only one award of the GWOTSM may be authorized to any individual; second and subsequent awards will not be awarded. 

   d.  The NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

	e.  Only one award of the ICM or Afghanistan Campaign Medal may be authorized for any individual, and under no condition will personnel or units receive the ICM, the GWOTEM, the GWOTSM, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service.

DISCUSSION AND CONCLUSIONS:

1.  DFAS shows the applicant served in Kuwait during the period 27 April 2003 to 21 August 2003.  

2.  The applicant's DD Form 214 item 18 (Remarks) shows that she was deployed in support of OIF from 25 April 2003 to 22 August 2003 for a period of 
3 months and 28 days.  Her award of the CMB indicates she served in combat in Iraq.

	a.  She is entitled to award of the ICM with two bronze service stars to designate her participation in OIF and correction of her DD Form 214 to show this award.  

	b.  She is not entitled to award of the GWOTEM because under no conditions will personnel receive the ICM and the GWOTEM for the same action, time period, or service.

3.  The applicant served from 20 May 1999 to 30 November 2003 and during this period she is only entitled to one NDSM by regulation.  However, she is entitled to award of the GWOTSM and correction of her DD Form 214 to show this award. 

4.  Concerning the unit awards, the applicant's record is void of temporary change of station orders or similar records to corroborate her contention that she served with Medical Troop, 2nd Armored Cavalry Regiment during her service in 

Kuwait/Iraq.  Therefore, the Board at this time has insufficient evidence to support correcting her record to show these unit awards. 

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 to her DD Form 214 the ICM with two bronze service stars and the GWOTSM.

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 the NDSM (2nd Award), GWOTEM, PUC, and VUA.



      ____________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)                                         AR20140006446



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ABCMR Record of Proceedings (cont)                                         AR20140017885



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