IN THE CASE OF:	

		BOARD DATE:	21 July 2009    

		DOCKET NUMBER:  AR20090003779 


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 correction of her discharge document to show she served in Iraq.

2.  The applicant states, in effect, she served in Iraq from April to September 2003; however, this service is not recorded on her discharge document.  The applicant also states she was told that if she wanted this corrected, she should do so after she was out of the military.

3.  The applicant provides, in support of her application, copies of Headquarters, 4th Infantry Division (Mechanized), Fort Hood, Texas, Orders 029-27, dated
29 January 2003; Tactical Personnel System, Personnel Manifest, Order 029-7, dated 20 September 2003; six DA Forms 702 (Defense Finance and Accounting Service Military Leave and Earnings Statements) for the months of April through September 2003; and page 3 of 5 pages of a Wells Fargo Bank Statement for the period 7 October through 6 November 2003.

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 enlisted in the U.S. Army Reserve (USAR) on 16 October 2001 for a period of 8 years in the Delayed Entry Program, she was discharged from the USAR on 7 January 2002, and enlisted in the Regular Army on 8 January 2002 for a period of 4 years.  Upon completion of basic combat and advanced individual training, she was awarded military occupational specialty 92L (Petroleum Laboratory Specialist).

3.  The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she entered active duty this period on 8 January 2002; was honorably released from active duty on 5 December 2003, under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 8, based on pregnancy; and transferred to the USAR Control Group (Annual Training) to complete her remaining military service obligation.  At the time she had completed 1 year, 10 months, and 28 days of net active service.  Item 12 (Record of Service), block f (Foreign Service), shows the applicant did not complete any overseas service and Item 18 (Remarks) is absent any evidence she served in Kuwait/Iraq.

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

	a.  Headquarters, 4th Infantry Division (Mechanized), Fort Hood, Texas, Orders 029-27, dated 29 January 2003, that show, in pertinent part, personnel of the 704th Division Support Battalion, Fort Hood, Texas, listed on an attached roster were directed to proceed on temporary change of station from Fort Hood, Texas, effective 30 January 2003, to the Central Command area of responsibility in support of Operation Enduring Freedom (OER), and to return to Fort Hood, Texas.  However, the personnel roster was not attached/provided.

	b.  Tactical Personnel System, Personnel Manifest, Order 029-7, dated
20 September 2003, that shows the applicant’s name is listed on this document.

	c.  Six DA Forms 702 for the months of April through September 2003 that show, in pertinent part, the applicant was authorized and received Hostile Fire Pay (HFP) beginning 1 April 2003 and ending 30 September 2003.

   d.  Page 3 of 5 pages of a Wells Fargo Bank Statement for the period
7 October through 6 November 2003 that shows, in pertinent part, three Check Card purchases on 2 July, 12 July, and 25 July 2003, in the amounts of $19.30, $32.66, and $60.50, respectively, at the Tikrit (Iraq) Post Exchange, Army and Air Force Exchange System.

5.  In connection with the processing of this case, an Army Board for Correction of Military Records (ABCMR) staff member contacted the applicant via electronic mail in an effort to verify the specific dates she arrived in, and departed from, Kuwait/Iraq.  In response, the applicant indicated she arrived in Kuwait on 1 April 2003 and departed on 23 September 2003.

6.  In connection with the processing of this case, coordination was made with Army Military Pay Operations - Indianapolis, Defense Finance and Accounting Service (DFAS), Indianapolis, Indiana.  The DFAS responded that the applicant received HFP for service in Kuwait from 1 April to 31 October 2003.

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

8.  Army Regulation 600-8-22 (Military Awards) provides that the Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside
200 nautical miles of the shores of the United States.  The Secretary of Defense, when recommended by the Chairman, Joint Chiefs of Staff, will designate the specific area of eligibility per qualifying operation.  Because counter-terrorism operations are global in nature, the AOE for an approved operation may be deemed to be non-contiguous.  The Combatant Commander has the authority to approve award of the medal for units and personnel deployed within his or her theater.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the Global War on Terrorism Expeditionary Medal.  Service members must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE.

9.  Army Regulation 600-8-22 provides for award of the Global War on Terrorism Service Medal.  This award is designated for Soldiers who have participated in or served in support of Global War on Terrorism Operations outside of the designated AOE determined for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a 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 this award.  Battalion commanders and commanders of separate units are authorized to award the Global War on Terrorism Service Medal; permanent orders are not required.

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 or imminent danger pay (HFP/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 635-5 (Personnel Separations - 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, the source documents for entering information on the DD Form 214 will be the Enlisted Record Brief/Officer Record Brief (ERB/ORB), separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File.

12.  Paragraph 2-4 (Completing the DD Form 214) of Army Regulation 635-5 contains item-by-item instructions for completing the DD Form 214.  The instructions for item 12 (Record of Service) state to use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  For block f (Foreign Service) it instructs that from the ERB/ORB, enter the total amount of foreign service completed during the period covered.  The instructions for item13 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.  The instructions for item 18 (Remarks) state 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 their blocks.  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 DD Form 214 should be corrected to show she served overseas in Kuwait/Iraq from 1 April to 23 September 2003.

2.  The evidence of record shows the applicant was authorized HFP during the period from 1 April through 31 October 2003 for her service in a HFP/IDP area (Kuwait).  The evidence of record also shows that service 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 during that month.  Coordination with the applicant revealed that she arrived in Kuwait on 1 April 2003 and departed on
23 September 2003.  Thus, the evidence of record supports the applicant’s claim that she served overseas in Kuwait/Iraq from 1 April to 23 September 2003, which equates to 5 months and 23 days.  Therefore, it would be appropriate to correct the applicant’s DD Form 214 to show this foreign service, along with the period of overseas service in Kuwait and Iraq.

3.  Records show the applicant qualified for award of the Global War on Terrorism Expeditionary Medal for her service in support of the Global War on Terrorism in the AOE (i.e., Kuwait/Iraq) determined for award of the Global War on Terrorism Expeditionary Medal.  Therefore, it would be appropriate to correct her DD Form 214 to show this service medal.

4.  Records show the applicant qualified for award of the Global War on Terrorism Service Medal for her service in support of the Global War on Terrorism outside the area of eligibility for award of the Global War on Terrorism Expeditionary Medal.  Therefore, it would be appropriate to correct her DD Form 214 to show this 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 correcting her 5 December 2003 DD Form 214 by:

   a.  deleting from item 12, block f, the entry, "0000  00  00";
   
   b.  adding to item 12, block f, the entry, "0000  05  23";

	c.  adding to item 13 the "Global War on Terrorism Expeditionary Medal and Global War on Terrorism Service Medal"; and

   d.  adding to item 18 the entry, "SERVICE IN KUWAIT/IRAQ FROM 20030401-20030923/ /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)                                         AR20090003779



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ABCMR Record of Proceedings (cont)                                         AR20090003779



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