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ARMY | BCMR | CY2007 | 20070016197
Original file (20070016197.txt) Auto-classification: Approved


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 April 2008
	DOCKET NUMBER:  AR20070016197 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Joyce A. Wright

Analyst


The following members, a quorum, were present:


Mr. Lester Echols

Chairperson

Mr. Joe Schroeder

Member

Mr. Larry Racster

Member

	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, reconsideration of her earlier request to the Army Board for Correction of Military Records (ABCMR) to show her period of service in Iraq on her DD Form 214 (Certificate of Release or Discharge from Active Duty). 

2.  The applicant states, in effect, that she is appealing the decision that was made in regards to her combat duty in Iraq.  She states that she provided two statements from her fellow Soldiers that clearly state her physical duty in Iraq.  She arrived in Kuwait and was there for less than 24 hours before heading into Iraq.  Her orders states "blanket orders" because of the security level of her duty. She is not asking for anything that she did not earn.  She asks that her case be relooked and her DD Form 214 be corrected to state her combat duty.

3.  The applicant provides a copy of her DD Form 214, a copy of an Iraq Freedom Coalition Military Advisory Training Team (CMATT) Certificate of Appreciation, dated 17 August 2003; two statements from former Soldiers; and a copy of her DD Form 1610 (Request and Authorization for TDY (Temporary Duty) Travel of DOD (Department of Defense) Personnel), in support of her request.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070000265 on 9 August 2007.

2.  The Board concluded that there was no corroborating documentation of service actually in Iraq.  She served in Qatar and Kuwait and her records were corrected to show service in Qatar from 20021101 to 20021231 and service in Kuwait from 20030701 to 20030931 [sic 20030831], in item 18 (Remarks), of her DD Form 214.

3.  A DD Form 215 (Correction to DD Form 214) was issued on 24 January 2008 to add "Service in QATAR FROM 20021102 - to 20021231//SERVICE IN KUWAIT FROM 20030701 – 20030931 [sic 20030831]."

4.  The applicant's new argument, as stated in her request, is the same as the  argument she presented previously.

5.  The applicant provided, as new evidence, a copy of an Iraq Freedom Coalition Military Advisory Training Team (CMATT) Certificate of Appreciation, dated 17 August 2003, awarded to her in great appreciation for her dedicated service as a member of the initial planning staff to form the New Iraqi Army.

6.  The applicant also provided, as new evidence, two statements from former Soldiers who served with her in Iraq.  The statements clearly state her physical duty in Iraq from 11 July 2003 through 26 August 2003.

7.  The applicant provided a copy of her DD Form 1610, blanket orders, which shows that she was TDY from 10 July 2003 to 30 September 2003, to perform official duties within or outside the continental limits of the US and return.

8.  DFAS (Defense Finance and Accounting Service) informed this agency that most of the service members are assigned to Kuwait with duty in Iraq.  

9.  Information provided by DFAS (Defense Finance and Accounting) revealed that the applicant received hostile fire pay (HFP))/imminent danger pay (IDP) from August through September 2003.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's new argument was considered by the Board.  

2.  A review of the evidence provided confirmed her physical presence in Iraq.  DFAS also informed this agency that most of the service members are assigned to Kuwait with duty in Iraq.  The evidence in this case is sufficient to support a correction to item 18, of her DD Form 214, showing the entry "SERVICE IN IRAQ FROM 20030711 – 20030826" in item 18 (Remarks) of her DD Form 214.

3.  The applicant was issued a DD Form 215 (Correction to DD Form 214) which shows the entry "SERVICE IN KUWAIT FROM 20030701 – 20030931."  This entry should be deleted from the DD Form 215 (Correction to DD Form 214) since evidence clearly supports her service in Iraq and there are only 30 days in the month of September.







BOARD VOTE:

__e_____  ___JS___  ____LR_  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20070000265, dated 23 August 2007.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected:

a.  by showing the entry, "SERVICE IN IRAQ FROM 20030711 - 20030826" in item 18 (Remarks) of her DD Form 214; and

	b.  by deleting the entry, "SERVICE IN KUWAIT FROM 20030701 – 20030931" listed on her DD Form 215, dated 24 January 2008.




______Lester Echols_____
          CHAIRPERSON




INDEX

CASE ID
AR20070016197
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080401
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
20040229
DISCHARGE AUTHORITY
AR 635-200, CHAP 12
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
120
2.

3.

4.

5.

6.


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