IN THE CASE OF: BOARD DATE: 19 July 2016 DOCKET NUMBER: AR20150010970 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 19 July 2016 DOCKET NUMBER: AR20150010970 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 following to item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214: * Army Commendation Medal * Combat Action Badge 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 award of the Iraq Campaign Medal. __________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. IN THE CASE OF: BOARD DATE: 19 July 2016 DOCKET NUMBER: AR20150010970 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 award of the: * Army Commendation Medal * Iraq Campaign Medal * Combat Action Badge 2. The applicant states it was brought to her attention that there has been an extensive rate of errors in female veterans' records compared to male veterans' records. She feels this issue needs to be brought to the attention of officials and resolved. She feels strongly about this issue and she would like to see this issue resolved so future female veterans will not be shorted for their accomplishments in their military service. 3. The applicant provides: * Headquarters, 1st Cavalry Division, Permanent Orders 029-18, dated 29 January 2004 * Headquarters, 1st Cavalry Division, Permanent Orders 029-26, dated 29 January 2004 * Headquarters, 1st Cavalry Division, Permanent Order Number 42-02, dated 11 February 2004 * Army Commendation Medal Certificate * Headquarters, 1st Cavalry Division, Permanent Order Number 285-150, dated 12 October 2005 * DD Form 214 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 26 August 2003. 3. She provided copies of: a.  Headquarters, 1st Cavalry Division, Permanent Orders 029-18, dated 29 January 2004, attaching personnel of Headquarters and Headquarters Company, 27th Main Support Battalion (WDJ6T0), 1st Cavalry Division, Fort Hood, TX, on a temporary change of station move to Headquarters, 5th Brigade Combat Team, 1st Cavalry Division, Fort Hood, TX, in support of Operation Iraqi Freedom II effective 22 January 2004; b.  Headquarters, 1st Cavalry Division, Permanent Orders 029-26, dated 29 January 2004, attaching the following units to 5th Brigade Combat Team, 1st Cavalry Division, Fort Hood, TX, effective 22 January 2004: * 27th Main Support Battalion * Headquarters and Headquarters Company * A Company, 27th Main Support Battalion * B Company, 27th Main Support Battalion * C Company, 27th Main Support Battalion * D Company, 27th Main Support Battalion * E Company, 27th Main Support Battalion c.  Headquarters, 1st Cavalry Division, Permanent Order Number 42-02, dated 11 February 2004, assigning Force Package 3, 5th Brigade Combat Support Team, 1st Cavalry Division, Fort Hood, TX, to the U.S. Central Command area of responsibility in support of Operation Iraqi Freedom II on or about 28 February 2004 for a period of 365 days. 4. She served in Iraq during the period 8 March 2004 through 9 March 2005. 5. She also provided copies of: a.  her Army Commendation Medal Certificate showing Division Support Command, 1st Cavalry Division, Permanent Order Number 332-38, dated 17 November 2004, awarded her the Army Commendation Medal for outstanding performance of duty during Operation Iraqi Freedom II for the period 8 March 2004 to March 2005 while she was assigned to 27th Main Support Battalion, 1st Cavalry Division; and b.  Headquarters, 1st Cavalry Division, Permanent Order Number 285-150, dated 12 October 2005, awarding her the Combat Action Badge for service on 24 April 2004. 6. On 11 April 2006, she was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). 7. Her DD Form 214 shows she was awarded or authorized the: * National Defense Service Medal * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal 8. Her records are void of and she failed to provide evidence showing she deployed to the Iraq area of eligibility after 9 March 2005. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a.  The Iraq Campaign Medal is awarded to members of the Armed Forces 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 Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 31 December 2011. b.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days or meet one of the following criteria: (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility while participating in an operation or on official duties, (2) is wounded or injured and requires medical evacuation from the area of eligibility, or (3) while participating as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations. c.  Under no condition will personnel or units receive the Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Afghanistan Campaign Medal, or Armed Forces Expeditionary Medal for the same action, time period, or service. d. Service members who qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19 March 2003 and 30 April 2005 in Iraq will remain qualified for the medal. Any such Soldier may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service. Soldiers who elect to receive the Global War on Terrorism Expeditionary Medal in lieu of the Iraq Campaign Medal are not authorized bronze service stars for those campaigns in which the Global War on Terrorism Expeditionary Medal is awarded. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The instructions stated to enter all decorations, service medals, campaign credits, and badges awarded or authorized for all periods of service. DISCUSSION: 1. Permanent orders awarded her the Army Commendation Medal and Combat Action Badge. This award and badge are not listed on her DD Form 214. 2. She served in Iraq during the period 8 March 2004 to 9 March 2005. Her records are void of and she failed to provide evidence showing she performed any other service in the area of eligibility for award of the Iraq Campaign Medal after 9 March 2005. Presumably she was awarded the Global War on Terrorism Expeditionary Medal for her service in Iraq from 8 March 2004 to 9 March 2005. 3. Army Regulation 600-8-22 states that under no condition will personnel or units receive the Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010970 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010970 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2