IN THE CASE OF:	  

		BOARD DATE:	  25 November 2008

		DOCKET NUMBER:  AR20080014206 


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, correction of her separation document to show she served in support of Operation Iraqi Freedom (OIF) and award of any authorized service medals.

2.  The applicant states, in effect, she served in Iraq from 23 March 2003 to
7 October 2003; however, this service is not recorded on her separation document.  She also states the Department of Veterans Affairs (VA) has denied her benefits as a result of this omission.

3.  The applicant provides a copy of Headquarters, 401st Military Police Company, Fort Hood, Texas, memorandum, dated 18 February 2003, subject: Assumption of Command; Headquarters III Corps and Fort Hood, Fort Hood, Texas, Permanent Orders 071-6, dated 12 March 2003 with a 3-page Unit Personnel Manifest; Headquarters, 720th Military Police Battalion (Iraq), memorandum, dated 8 September 2003, subject:  Letter of Release [Applicant’s Rank, Name and Social Security Number]; Headquarters and Headquarters Company, 1st Brigade, 4th Infantry Division (Mechanized), Fort Hood, Texas, memorandum, dated 18 September 2003, subject:  Individual Redeployment Authorization; Headquarters, 401st Military Police Company, Fort Hood, Texas, Memorandum For Record, dated 13 November 2003, subject:  Deployment Verification; DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 13 November 2003; and DA Form 4187 (Personnel Action), dated 24 October 2005, subject:  Change of Name.


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 service records show she enlisted in the U.S. Army Reserve on 27 December 2001 and entered active duty in the Regular Army for a period of 4 years on 8 January 2002.  Upon completion of basic combat training and advanced individual training, she was awarded military occupational specialty 91W (Health Care Specialist).

3.  The applicant's military service records contain a DA Form 2-1 (Personnel Qualification Record).  Item 5 (Oversea Service) is absent an entry.  Item 9 (Awards, Decorations and Campaigns) shows she was awarded the Army Service Ribbon.

4.  The applicant's military service records contain a DD Form 214 that shows she entered active duty on 8 January 2002, was honorably released from active duty on 13 November 2003, and credited with completing 1 year, 10 months, and 6 days net active service this period.  Item 12 (Record of Service), block f (Foreign Service), fails to show the applicant was credited with completing any foreign service and Item 18 (Remarks) is absent any indication that the applicant served in support of OIF.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the applicant was awarded the National Defense Service Medal, Army Service Ribbon, and Army Lapel Button.  The DD Form 214 shows the authority and reason for the applicant’s separation was Army Regulation 635-200, Chapter 8, based on pregnancy.

5.  The applicant's military service records are absent documentation that shows she deployed overseas in support of OIF.

6.  A review of the applicant's records reveals she may be authorized additional awards that are not shown on her DD Form 214.

7.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by her chain of command from receiving the Good Conduct Medal and her records do not contain any adverse information during the period of service from 8 January 2002 through 13 November 2003.

8.  In support of her application, the applicant provides the following documents.

   a.  Headquarters, 401st Military Police Company, Fort Hood, Texas, memorandum, dated 18 February 2003, subject: Assumption of Command, that shows Staff Sergeant Richard S____ assumed command as Rear Detachment Commander, 401st Military Police Company, Fort Hood, Texas, effective
18 February 2003.
   
     b.  Headquarters III Corps and Fort Hood, Fort Hood, Texas, Permanent Orders 071-6, dated 12 March 2003 with a 3-page Unit Personnel Manifest that shows, in pertinent part, the applicant deployed with her unit to Kuwait in support of Operation Enduring Freedom, on or about 21 March 2003, for a period of
179 days based on mission requirements that may be extended to 364 days.

     c.  Headquarters, 720th Military Police Battalion (Iraq), memorandum, dated
8 September 2003, subject:  Letter of Release [Applicant’s Rank, Name and Social Security Number], that shows the lieutenant colonel serving as Commander, 720th Military Police Battalion (Iraq), requested release of the applicant from the theater of operations, on or about 26 September 2003, due to pregnancy.  Headquarters and Headquarters Company, 1st Brigade, 4th Infantry Division (Mechanized), Fort Hood, Texas, memorandum, dated 18 September 2003, subject:  Individual Redeployment Authorization, shows the colonel serving as Commander, 1st Brigade, 4th Infantry Division (Mechanized) (Iraq), recommended approval of the applicant’s departure from the theater of operations due to pregnancy.

     d.  Headquarters, 401st Military Police Company, Fort Hood, Texas, Memorandum For Record, dated 13 November 2003, subject:  Deployment Verification, that shows the Rear Detachment Commander verified the applicant deployed to Iraq on 23 March 2003 and redeployed on 7 October 2003 due to her pending discharge based on pregnancy.

     e.  DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 13 November 2003.  This document was previously introduced and considered in this Record of Proceedings.

     f.  DA Form 4187 (Personnel Action), dated 24 October 2005, subject:  Change of Name, that shows the applicant officially changed her name from Brandi S________ to Brandi L___.

9.  In connection with the processing of this case, coordination was made with the Defense Finance and Accounting Service (DFAS), Army Military Pay Operations, Indianapolis, Indiana.  This coordination revealed that DFAS records show the applicant received imminent danger pay for service in Kuwait from March 2003 to October 2003.

10.  Department of Defense Financial Management Regulation, Volume 7A (Military Pay Policy and Procedures - Active Duty and Reserve Pay), Chapter
10 (Special Pay - Duty Subject to Hostile Fire or Imminent Danger), paragraph 100102 (Payment), in pertinent part, provides that hostile fire pay (HFP)/ imminent danger pay (IDP) is payable at a monthly rate.  It is payable in addition to all other pays or allowances.  Additionally, it is payable in the full amount without being prorated or reduced, for each month, during any part of which a member qualifies.  Active and Reserve component members who qualify, at any time during a month, will receive the full amount of HFP/IDP regardless of the actual period of time served on active or inactive duty during that month.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

12.  Army Regulation 600-8-22 provides for award of the Iraq Campaign Medal to individuals who have served in direct support of OIF.  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 Iraq Campaign Medal 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 OIF.  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 engaged in combat during an armed engagement, regardless of the time in the area of eligibility.  No service member will be entitled to both the Global War on Terrorism Expeditionary Medal and the Iraq Campaign Medal for the same act, achievement or period of service.  Precedence for the Iraq Campaign Medal will be positioned below the Afghanistan Campaign Medal and above the Global War on Terrorism Expeditionary Medal (GWOTEM).

13.  Army Regulation 600-8-22 provides that a bronze service star is authorized to be worn on the Iraq Campaign Medal for participation in each of the following campaigns:  Liberation of Iraq (19 March 2003 to 1 May 2003), Transition of Iraq (2 May 2003 to 28 June 2004), Iraqi Governance (29 June 2004 to 15 December 2005), and National Resolution (16 December 2005 to a date to be determined).
13.  Army Regulation 600-8-22 states that the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism (GWOT) operations outside of the designated area of eligibility (AOE), on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized award of this GWOTSM.

14.  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.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record (PQR), Enlisted/Officer Record Brief (ERB/ORB), or any other document authorized for filing in the Official Military Personnel File.

15.  Paragraph 2-4 of the Separation Documents regulation contains item-by-item instructions for completing the DD Form 214.  The instructions for completing Item 12, block f, state to enter the total amount of foreign service completed during the period covered by the DD Form 214, as taken from the PQR/ERB/ORB.  The instructions for Item 13 state to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.  Do not use abbreviations.  Item 18 states to use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries that are too long for the block.  It also states, in pertinent part, that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement, "Service in (Name of Country Deployed) from (inclusive dates; for example, YYYYMMDD - YYYYMMDD."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her records should be corrected to show she served in support of OIF and also award of all authorized service medals.

2.  Records show the applicant was authorized HFP/IDP during the period March 2003 to October 2003 for her service in an HFP/IDP area in support of OIF.  In addition, the evidence of record shows the applicant deployed for service in Kuwait and Iraq on 23 March 2003 and redeployed to the continental United States on 7 October 2003.  Thus, the evidence of record supports the applicant’s claim that she served overseas in support of OIF.  (It is noted that this period of overseas service (i.e., from 23 March 2003 through 7 October 2003) equates to
6 months and 15 days foreign service.)  Therefore, the applicant’s records should be corrected to show this period of foreign service.

3.  Records show the applicant completed a qualifying period of active duty enlisted service for award of the Good Conduct Medal.  Therefore, it would be appropriate to correct her records to show award of the Good Conduct Medal.

4.  The evidence of record shows that the applicant served a qualifying period of service in Iraq for award of the Iraq Campaign Medal.  Therefore, it would be appropriate to correct her records to show this service medal.

5.  The evidence of record shows that the applicant served in Kuwait and Iraq in support of OIF from 23 March 2003 through 7 October 2003.  In addition, records confirm the applicant participated in the Liberation of Iraq and Transition of Iraq campaigns.  Therefore, it would be appropriate to correct the applicant’s records to authorize 2 bronze service stars to be affixed to her Iraq Campaign Medal.

6.  The evidence of record shows that the applicant served a qualifying period of service in support of the Global War on Terrorism outside the area of eligibility for the GWOTEM.  Therefore, it would be appropriate to correct her records to show award of the Global War on Terrorism Service Medal.

BOARD VOTE:

____X____  ___X_____  ____X____  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.  awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity for the period 8 January 2002 to 13 November 2003; and

     b.  showing the following corrections to the applicant's DD Form 214, with an effective date of 13 November 2003:

         (1)  Item 12, block f, delete "0000  00  00" and add "0000  06  15";

         (2)  adding to Item 13 the Good Conduct Medal, Iraq Campaign Medal with 2 bronze service stars, and Global War On Terrorism Service Medal; and

         (3)  adding to Item 18 the entry "SERVICE IN KUWAIT AND IRAQ FROM 20030323 - 20031007//NOTHING FOLLOWS."




      _______ _   __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.

ABCMR Record of Proceedings (cont)                                         AR20080014206



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ABCMR Record of Proceedings (cont)                                         AR20080014206



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