RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 31 August 2006
DOCKET NUMBER: AR20060000179
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Mr. Joseph A. Adriance | |Analyst |
The following members, a quorum, were present:
| |Mr. William D. Powers | |Chairperson |
| |Mr. Jeffrey C. Redmann | |Member |
| |Ms. Karmin S. Jenkins | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that her record be corrected show
she held and served in the primary military occupational specialty (PMOS)
of 91M (Hospital Food Service Specialist); that her overseas service in
Iraq be documented; that she receive an award for her overseas service; and
that her record be corrected to show she is a high school diploma graduate.
2. The applicant states, in effect, that she served in Iraq from January
through September 2004, and that she should receive an award for this
service. She also claims that her actual PMOS was 91M, and that her
secondary military occupational specialty (SMOS) was 92G (Food Service
Specialist). She further contends that she has a high school diploma and
not a general educational development (GED) equivalency diploma.
3. The applicant provides the following documents in support of her
application: Separation Document (DD Form 214); High School Diploma;
Deployment Orders; and MOS Orders.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows that she enlisted in the Regular Army and
entered active duty on 3 March 2003.
2. The applicant's Official Military Personnel File (OMPF) contains no
orders, or other documents verifying that she served in Iraq, or any other
overseas location during her tenure on active duty. The OMPF is also void
of an Enlisted Records Brief (ERB), or any other record that documents her
active duty assignments.
3. On 11 January 2005, the applicant was honorably separated after
completing 1 year, 10 months, and 9 days of active military service. Item
11 (Primary Specialty) of the DD Form 214 she was issued upon her
separation contains an entry that shows she served in MOS 92G for 1 year
and 6 months. Item 12f (Foreign Service) contains an entry indicating she
completed no overseas service during the period covered by the DD Form 214.
Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) shows she earned the following awards during his
active duty tenure: Army Lapel Button; Global War on Terrorism Service
Medal; National Defense Service Medal; and Army Service Ribbon. The "Yes"
box is checked in Item 15b (High School Graduate Or Equivalent), and Item
18 (Remarks) contains no entry regarding deployed overseas service in Iraq.
4. The applicant provides a copy of Headquarters, United States Army
Medical Department Center and School, Fort Sam Houston, Texas, Orders
Number
245-293, dated 2 September 2003. These orders directed the applicant be
awarded the PMOS of 91M, SMOS of 91G, and that her PMOS of 91G be
withdrawn, effective 30 September 2003.
5. The applicant also provides a copy of United States Army Air Defense
Artillery Center and Fort Bliss, Texas, Permanent Orders Number 357-502,
dated 23 December 2003. These orders directed deployment of the 3rd Combat
Support Hospital Main Body in support of Operation Iraqi Freedom, effective
8 January 2004. A roster with the name of Soldiers' being deployed, which
included the applicant, accompanied the orders.
6. In connection with the processing of this case, a review of the
applicant's Defense Finance and Accounting Service (DFAS) pay record
confirmed she received imminent danger pay from 14 January 2004 through 30
September 2004.
7. In addition, the applicant provides a Lodi Adult School Diploma issued
in 2002. This certificate shows the applicant completed the requirements
of the California State Board of Education for graduation and was therefore
awarded a High School Diploma.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army. It also
establishes standardized policy for preparing and distributing the DD Form
214.
9. Chapter 2 contains item-by-item preparation instructions for the DD
Form 214. The instructions for Item 11 state, in pertinent part, that the
titles of all MOSs listed on the Enlisted Records Brief (ERB) that the
member served in for at least 1 year will be entered with the number of
years and months served. The Item 12f instructions state to enter the
total amount of foreign service completed during the period covered by the
DD Form 214. The instructions for Item 15b indicate that the "Yes" block
will be checked for members with a High School Diploma or GED, and the
instructions for Item 18 state, in pertinent part, that for an active duty
Soldier deployed with his or her unit during their continuous period of
active service, an entry containing the country in which the deployed
service was performed and the dates of that service ("SERVICE IN (NAME OF
COUNTRY DEPLOYED FROM YYYYMMDD - YYYYMMDD") will be added to Item 18.
10. Military Awards Branch Message [dated 8 April 2005] provided the
following implementing instructions for award of the Iraq Campaign Medal.
Award of the Iraq Campaign Medal is authorized for service in direct
support of Operation Iraqi Freedom on or after 19 March 2003 to a future
date to be determined by the Secretary of Defense or the cessation of the
operation. The area of eligibility encompasses all land area of the
country of Iraq and the contiguous sea area out to 12 nautical miles and
the air space above these areas. To qualify for award of this campaign
medal, service members must have been assigned or attached to or mobilized
with units operating in these areas of eligibility for 30 consecutive days
or for 60 non-consecutive days, or meet one of the following criteria:
a) be engaged in combat during an armed engagement, regardless of the time
in the area of eligibility; b) be medically evacuated from the area of
eligibility for wounds or injuries resulting from participation in an
operation or official duties; or c) participates 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 [each day of
operations counts as one day of eligibility]. This campaign medal may be
awarded posthumously.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that she served overseas in Iraq and is
entitled to an award for this service was carefully considered and found to
have merit. Her claim that she served in Iraq from January through April
2004 is corroborated by the orders she provided, and her DFAS pay record,
which confirms she received imminent danger pay from 14 January 2004
through 30 September 2004. Thus, it would appropriate to correct her
record to show her entitlement to the Iraqi Campaign Medal, and by adding
entries to Item 12f and Item 18 of her
DD Form 214 that documents this overseas service.
2. The applicant also contends that she actually graduated from high
school and did not receive a GED, and she provides a high school diploma
certificate in support of her claim. However, it is unclear what error or
injustice related to this issue the applicant believes requires correction.
By regulation, the "Yes" block of Item 15d will be checked for both high
school diploma graduates and GED holders. As a result, there appears to be
no error or injustice related to this matter that requires correction.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___WDP_ __JCR _ __KSJ___ 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. showing her entitlement to the Iraq Campaign Medal;
b. amending her 11 January 2005 DD Form 214 as follows:
Item 11 - delete the current entry and replace it with
the entry
"91M10 00 - 1 Year and 3 Months";
Item 12f - delete the current entry and replace it with the
entry
"00 08 27";
Item 13 - add the Iraq Campaign Medal;
Item 18 - add the entry "SERVICE IN IRAQ - 040114-
040930"; and
c. by providing her a correction to her separation document that
reflects these changes.
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
high school diploma graduate status.
_____William D. Powers___
CHAIRPERSON
INDEX
|CASE ID |AR20060000179 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2006/08/31 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |2005/01/11 |
|DISCHARGE AUTHORITY |AR 635-200 C8 |
|DISCHARGE REASON |Pregnancy |
|BOARD DECISION |GRANT PARTIAL |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. 1021 |100.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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