BOARD DATE:	  26 August 2009

		DOCKET NUMBER:  AR20090006092 


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 overseas service in Kuwait be documented on her DD Form 214 (Certificate of Release or Discharge from Active Duty).  

2.  The applicant states, in effect, her DD form 214 does not reflect her overseas service.  She claims she was stationed at Camp Doha, Kuwait and was in Iraq for about 1 1/2 months.  She indicates her overseas service totaled 11 1/2 months. 

3.  The applicant provides temporary duty (TDY) orders, DD Form 214, a request for a DD Form 215 (Correction of DD Form 214), and a Montana transmittal sheet in support of her 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 record shows she enlisted in the Regular Army and entered active duty on 29 October 2002, and was trained in and awarded military occupational specialty (MOS) 88H (Cargo Specialist).  Her record shows she was promoted to specialist (SPC) on 1 May 2004 and that this is the highest rank she attained while serving on active duty.  It also shows she was last reduced to private/E-1 (PV1) on 25 April 2005 as a result of non-judicial punishment (NJP) action.  

3.  The applicant's Official Military Personnel File (OMPF) contains a certificate confirming she was awarded the Army Commendation Medal (ARCOM) for her meritorious achievement while deployed to Kuwait during the period from 18 April 2003 through 28 February 2004.  

4.  On 24 June 2005, the applicant was separated, in the rank of private/E-1, with a general, under honorable conditions discharge (GD).  The DD Form 214 she was issued at the time shows she completed a total of 2 years, 7 months, and 
26 days of active military service.  Item 12f (Foreign Service) contains the entry "0000  00  00," which indicates no overseas service was completed during the period covered by the DD Form 214, and item 18 (Remarks) is void of an entry documenting deployed service.  

5.  The applicant's DD Form 214 also shows, in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), that she earned the following awards during her active duty tenure:  ARCOM, National Defense Service Medal (NDSM), Global War on Terrorism Service Medal (GWOTSM), and Army Service Ribbon (ASR).   

6.  The applicant provides orders that show she was authorized 18 days of TDY from Kuwait to Baltimore, Maryland, for rest and recuperation, effective 
10 November 2003.  She also provides a memorandum from the Installation Management Agency, Fort Bragg, North Carolina, dated 28 June 2005, which requested that a DD Form 215 be issued correcting item 12h (Effective Date of Pay Grade) of the applicant's DD Form 214 by changing the entry to show her date of rank as 25 April 2005 instead of 24 January 2005.  

7.  During the processing of this case, a review of the applicant's Defense Finance and Accounting Service (DFAS) record shows she received hostile fire pay/imminent danger pay (HFP/IDP) from April 2003 through 31 March 2004, based on serving in Kuwait.  


8.  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 of contains item-by-item instructions for preparation of the DD Form 214.  The instructions for Item 12f are to add all overseas service completed during the period covered by the DD Form 214, and the instructions for item 13 are to add all earned military awards.  The instructions for item 18 state, in pertinent part, that for an active duty Soldier deployed with his or her unit during the period covered by the DD Form 214, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be added to Item 18.

9.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-18 contains guidance on award of the Global War on Terrorism Expeditionary Medal (GWOTEM) and states, in pertinent part, that it is authorized for 30 days of consecutive or 60 days of nonconsecutive service in a designated area of eligibility (AOE) on or after 11 September 2001 to a date to be determined.  Kuwait is a designated AOE.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her service in Kuwait should be documented on her DD Form 214 was carefully considered and found to have merit.  The evidence of record shows she served in Kuwait for 10 months and 11 days, 
from 18 April 2003 through 28 February 2004, as evidenced by the ARCOM certificate she received for her service in Kuwait and corroborated by the DFAS pay record.  Therefore, it would be appropriate to correct item 12f and item 18 of her DD Form 214 accordingly.   

2.  Further, based on her service in Kuwait, she is eligible for the GWOTEM and it would also be appropriate to add this award to item 13 of her DD Form 214 at this time.  

3.  The evidence of record, which includes the DFAS pay record, fails to show she served in Iraq.  As a result, there is an insufficient evidentiary basis to support granting the portion of the requested relief pertaining to documenting Iraq service.  


4.  Although not requested by the applicant, it appears by her submitting the memorandum from the Installation Management Activity, Fort Bragg, which requested a DD Form 215 be issued to correct item 12h of her DD Form 214, she is in fact requesting this change be made.  The evidence of record confirms the applicant was last reduced to PV1 as a result of NJP action on 25 April 2005.  As a result, it would also be appropriate to correct item 12h accordingly.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  __x_____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending her DD Form 214 by deleting the current entry in item 12f and replacing it with the entry "0000  10  11"; by deleting the current entry in item 12h and replacing it with the entry "2005  04  25"; by adding the Global War on Terrorism Expeditionary Medal to item 13; by adding the entry "SERVICE IN KUWAIT FROM 20030418-20040228" to item 18; and by providing her a correction to her DD Form 214 that includes these changes.  

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to documenting service in Iraq.  



      _______ _   __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)                                         AR20090006092



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ABCMR Record of Proceedings (cont)                                         AR20090006092



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