IN THE CASE OF: BOARD DATE: 18 November 2020 DOCKET NUMBER: AR20200003145 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the: * Iraq Campaign Medal (ICM) * Army Commendation Medal (ARCOM) * 2 Army Good Conduct Medals (AGCM) * an end of service award APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Order 024-65, dated 24 January 2001 * Orders 043-61, dated 12 February 2001 * DA Form 2166-8 (Noncommissioned Officer Evaluation Report) * Orders 356-0218, dated 22 December 2003 * DD Form 214 * Extract of 4th Infantry Division history from Global Security FACTS: 1. The applicant did not file within the three-year period provided in Title 10, United States Code, section 1552(b); however, the ABCMR conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, in effect, she served in Iraq in 2003. She attempted to join the Veterans for Foreign Wars who stated she needed the ICM on her DD Form 214 in order to join. She was informed an ARCOM, presumably from her service in Germany, was given to a Soldier/friend who was coming to. The Soldier stated he had the award but was subsequently unable to locate it. She further claims she served honorably for 6 years; however, she did not receive her AGCMs or an award from when she was honorably discharged from service. 3. The applicant enlisted in the Regular Army on 21 August 1997. 4. Evidence shows she was promoted to the rank of sergeant on 12 April 2002. 5. On 24 December 2003, she was honorably discharged. Block 18 (Remarks) of the DD Form 214 she was issued does not indicate that she deployed overseas. The DD Form 214 she was issued shows she was awarded or authorized the: * Army Lapel Button * National Defense Service Medal * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon 6. The applicant did not provide evidence showing the specific dates of her foreign service. 7. During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed her Master Military Pay Account, which shows she performed foreign service in Kuwait/Iraq from 31 March to 1 September 2003 (a period of 5 months and 2 days). 8. There is no evidence in the available records that shows she was awarded the AGCM; neither is there evidence of a commander's disqualification for the award. Additionally, there is no evidence of any convictions by courts-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice. 9. A review of her service record confirms she is eligible for awards that are not recorded on her DD Form 214. These awards will be added to her DD Form 214 as administrative corrections and will not be considered by the Board. The Board will consider her Army Commendation (ARCOM) and Army Good Conduct Medal to be reflected on her DD Form 214. 10. Army Regulation 600-8-22 (Military Awards) states there is no automatic entitlement to an award upon departure either from an assignment or from the service. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief partial was warranted. The Board carefully considered the applicants request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his military service record and regulatory guidance. The Board members determined that the burden of proof lies with the applicant; however, she did not provide any supporting documentation and her service record has insufficient evidence to support she was awarded the Army Commendation Medal. The Board determined the applicant's service record did not reflect he was awarded the AGCM and his record shows he received "excellent" conduct and efficiency ratings throughout his service. Therefore, partial relief was granted to correct the applicant’s record and award him the Army Good Conduct Medal Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 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 Army records of the individual concerned be corrected by amending her DD Form 214 by awarding her the Army Good Conduct Medal. 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 Army Commendation Medal. 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. ADMINISTRATIVE NOTE(S): A review of the applicant’s records shows he is authorized additional awards not annotated on his DD Form 214 for the period ending 24 December 2003. As a result, amend his DD Form 214 by adding: * block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons): Iraq Campaign Medal (ICM with 2 bronze service stars Global War on Terrorism Service Medal (GWOTSM) * block 18(Remarks) "Service in Kuwait/Iraq from 20030331 - 20030901" REFERENCES: 1. Title 10, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), then in effect, establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states for block 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) From YYYYMMDD - YYYYMMDD)." 3. Army Regulation 600-8-22 (Military Awards) states: a. The ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service. Although there is no automatic entitlement to the AGCM, disqualification must be justified. c. 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 are: * Liberation of Iraq (19 March 2003-1 May 2003) * Transition of Iraq (2 May 2003-28 June 2004) d. The GWOTSM is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or ICM. All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive or 60 nonconsecutive days are authorized the GWOTSM. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200003145 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1