IN THE CASE OF:	  

		BOARD DATE:	  4 August 2009

		DOCKET NUMBER:  AR20090003570 


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 that her 2003 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her Iraq war deployment and all ribbons awarded during the period 27 February 2003 through 5 July 2003.

2.  The applicant states she retired immediately after returning from Iraq and prior to her records being updated.  She states, in effect, that she needs her deployment information on her DD Form 214 as part of her disability claim with the Department of Veterans Affairs.

3.  The applicant provides a copy of her 2003 DD Form 214 and a copy of an Army Commendation Medal awarded in May 2003 in support of her request.

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.  Records available to the Board indicate the applicant entered active duty as a Regular Army enlisted Soldier on 30 November 1983.

3.  In August 2002, following a variety of assignments, including two tours of duty in both Korea and Germany; the applicant was assigned to the 87th Corps Support Battalion at Fort Stewart, Georgia.  

4.  According to information obtained from the Defense Finance and Accounting Service (DFAS) the applicant was deployed to Kuwait/Iraq between 26 February and 4 July 2003 as part of the 87th Corps Support Battalion.  In May 2003 she was awarded an Army Commendation Medal in recognition of her meritorious service while serving as a supply and services noncommissioned officer in charge during Operation Iraqi Freedom.  The applicant’s records show she was awarded four previous Army Commendation Medals making this May 2003 award her fifth Army Commendation Medal.

5.  On 30 November 2003 the applicant was discharged from active duty with sufficient service for retirement and her name was placed on the retired rolls the following day.  Item 13 (decorations, medals, badges, citations and campaign ribbons awarded or authorized – all periods of service) on her 2003 DD Form 214 does not reflect any of the decorations associated with service in Iraq in support of Operation Iraqi Freedom and reflects only four awards of the Army Commendation Medal.

6.  Item 12f (foreign service) captures her total foreign service in Germany and Korea (7 years, 11 months, and 27 days) but does not include her 4 months and 8 days of deployment in Iraq.  Item 18 (remarks) also does not indicate her deployment to Iraq as required by Army Regulation 635-5 (Separation Documents).

7.  As a matter of information, the applicant was awarded the Air Assault Badge in 1999 which was also omitted from her 2003 DD Form 214.

8.  Army Regulation 635-5 notes the following:

   a.  Block 12f on the DD Form 214 will reflect the total amount of foreign service completed during the period covered in block 12c (net active service this period).
   
   b.  Block 18 will also reflect the statement “SERIVCE IN (NAME OF COUNTRY DEPLOYED) FROM (INCLUSIVE DATES FOR EXAMPLE, YYYYMMDD-YYYYMMDD)” for active duty Soldier deployed with his or her unit during their continuous period of active service.
9.  Army Regulation 600-8-22 (Military Awards) 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 Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined.  Battalion commanders and commanders of separate units have the authority to award the GWOTSM for approved operations to units and personnel within his or her command.  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 the GWOTSM. 

10.  Army Regulation 600-8-22 also states that service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 
19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement or period of service.  Bronze service stars are affixed to the Iraq Campaign Medal to denote participation in designated campaign period.  During the applicant’s tour of duty in Iraq she would have participated in two designated campaign periods (LIBERATION OF IRAQ/19 MAR 2003 – 1 MAY 2003 and TRANSITION OF IRAQ/2 MAY 2003 – 28 JUN 2004).

11.  Army Regulation 600-8-22 states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea between 28 July 1954 and a date to be determined by the Secretary of Defense while assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:  

DISCUSSION AND CONCLUSIONS:

1.  While item 12f on the applicant’s 2003 DD Form 214 captures her foreign service in Korea and Germany (7 years, 11 months, and 27 days) it does not included her 4 months and 8 days of foreign service in Kuwait/Iraq.  As such, item 12f on her DD Form 214 should be corrected to reflect 8 years, 4 months, and 5 days.

2.  The applicant deployed to Kuwait/Iraq with her unit between 26 February 2003 and 4 July 2003.  Item 18 on her DD Form 214 should be corrected to show the statement “SERVICE IN KUWAIT/IRAQ FROM 20030226 -20030704.”
3.  The applicant was awarded a fifth award of the Army Commendation Medal and the Air Assault Badge which were omitted from her DD Form 214.  Her DD Form 214 should be corrected accordingly.

4.  The applicant was on active duty in September 2001 and as such is entitled to the Global War on Terrorism Service Medal.

5.  Records available to the Board also confirm the applicant served in Iraq in support of Operation Iraqi Freedom.  While she is entitled to either the Global War on Terrorism Expeditionary Medal or the Iraq Campaign Medal, in the absence of a request for a specific decoration the Board elects to confirm entitlement to the Iraq Campaign Medal with two bronze service stars as that decoration would specifically identify the theater where the applicant served. 

6.  As a result of the applicant’s service in Korea she is entitled to the Korea Defense 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.  showing she was awarded five awards of the Army Commendation Medal and the Air Assault Badge;
   
   b.  showing she is entitled to the GWOTSM, the Iraq Campaign Medal with two bronze service stars, and the Korea Defense Service Medal; 
   
	c.  correcting block 12f on her 2003 DD Form 214 to show 8 years, 4 months, and 5 days of foreign service; and
   
   d.  adding the statement “SERVICE IN KUWAIT/IRAQ FROM 20030226 -20030704” to block 18 of her DD Form 214.




      _______ _   _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)                                         AR20090003570





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ABCMR Record of Proceedings (cont)                                         AR20090003570



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