IN THE CASE OF:	  

		BOARD DATE:	        02 OCTOBER 2008

		DOCKET NUMBER:  AR20080007952 


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, in effect, that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her service in Iraq and any awards and decorations that she is entitled to. 

2.  The applicant essentially states that her DD Form 214 does not show her service in Iraq or all of the awards and decorations she should have been awarded.

3.  The applicant provides no additional evidence in support of this application.

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's military records show that she enlisted in the Regular Army on 29 May 2002 for a period of 3 years.  She completed basic combat and advanced individual training and was awarded military occupational specialty 92Y (Unit Supply Specialist).  However, on 27 August 2003, she was honorably discharged at Fort Lewis, Washington due to a personality disorder after completing only 1 year, 2 months, and 29 days of her 3-year enlistment.  The DD Form 214 that was issued to her at the time of her discharge shows that she was awarded the National Defense Service Medal and the Army Service Ribbon.

3.  Item 12f (Foreign Service) of the applicant's DD Form 214 does not show that she served overseas, nor is there an entry in item 18 (Remarks) showing that she served in Iraq.  Information from the applicant's military pay records indicates that she served in the Southwest Asia Theater of Operations from 11 April 2003 to 30 June 2003.  Her separation packet also contained a DA Form 4856 (Developmental Counseling Form), dated 1 June 2003, which essentially showed that she was serving at Logistical Base Seitz in Iraq on that date.  However, her separation packet also contained a DA Form 3822-R (Report of Mental Status Evaluation), dated 13 June 2003, which essentially shows that she was seen at the Behavioral Health Clinic, Madigan Army Medical Center in Tacoma, Washington on 13 June 2003.  Therefore, it could only be conclusively established that she served in Iraq from 11 April 2003 to 1 June 2003, the latter date being the day her commander in Iraq counseled her regarding his recommendation for her discharge and referral for a mental status evaluation upon her return to Fort Lewis, Washington.  Based upon this information, it is reasonable to presume that she served at least 30 consecutive days in Iraq for award of the Iraq Campaign Medal (ICM).  MILPER Message Number 08-123, dated 30 April 2008, provided guidance on the criteria, applicability, and standards on awarding service stars on the Iraq Campaign Medal.  One bronze service star shall be awarded for one or more days of participation in each designated campaign phase.  Based upon the applicant's service in Iraq, she participated in the Liberation of Iraq campaign (19 March 2003 to 1 May 2003) and the Transition of Iraq campaign (2 May 2003 to 28 June 2004).

4.  During a review of the applicant’s records, it was determined that she is entitled to additional awards and decorations that are not shown on her DD Form 214.

5.  The applicant served more than 30 consecutive days on active duty that was not used toward credit for the Iraq Campaign Medal.  However, her DD Form 214 does not show that she was awarded the Global War on Terrorism Service Medal.  

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that individuals authorized the ICM must have served in direct support of Operation IRAQI FREEDOM.  The area of eligibility encompasses all land area of the country of Iraq, and 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 to a future date to be determined by the Secretary of Defense or the cessation of Operation IRAQI FREEDOM.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive 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; each day of operations counts as one day of eligibility.  Under no condition will a Soldier receive both the ICM and the GWOTEM for the same action, time period, or service.

7.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside the designated areas of eligibility for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a future date to be determined. 

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that, 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 (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her DD Form 214 should be corrected to show her service in Iraq and any awards and decorations that she is entitled to. 

2.  There is conflicting information regarding the applicant's service dates in Iraq. As a result, it could only be conclusively established that she served in Iraq from 11 April 2003 to 1 June 2003, the latter date being the day her commander in Iraq counseled her on her early return to Fort Lewis, Washington.  In view of the foregoing, it would be appropriate at this time to correct item 12f of her DD Form 214 to show that she had 1 month and 21 days of foreign service.  Additionally, it would be appropriate to add the statement "SERVICE IN IRAQ FROM 20030411 – 20030601" to item 18 of her DD Form 214.

3.  As the applicant began serving in Southwest Asia on 11 April 2003, and was serving at Logistical Base Seitz in Iraq on 1 June 2003, it is reasonable to presume that she served at least 30 consecutive days in Iraq during a qualifying period of service for award of the Iraq Campaign Medal, and that she participated in two campaigns during her service in Iraq.  Therefore, it would be appropriate at this time to award her the Iraq Campaign Medal with two bronze service stars, and to correct her military records to show the Iraq Campaign Medal with two bronze service stars.

4.  The applicant served on active duty for more than 30 consecutive days during a qualifying period for award of the Global War on Terrorism Service Medal that was not used toward credit for the Iraq Campaign Medal.  Therefore, she is entitled to award of the Global War on Terrorism Service Medal, and correction of her military records to show the award of the Global War on Terrorism Service Medal.

BOARD VOTE:

__XXX __  __XXX__  __XXX__   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 a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  correcting item 12f of her DD Form 214 to show that she had 1 month and 21 days of foreign service;
	
	b.  adding the statement "SERVICE IN IRAQ FROM 20030411 – 20030601"; and 
	c.  awarding her the Iraq Campaign Medal with Two Bronze Service Stars and the Global War on Terrorism Service Medal.



      ___        XXX                ___
                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)                                         AR20080007952



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ABCMR Record of Proceedings (cont)                                         AR20080007952



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