IN THE CASE OF:	 

		BOARD DATE:	  5 January 2010

		DOCKET NUMBER:  AR20090013107 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she served overseas in support of Operation Iraqi Freedom (OIF)/Operation Enduring Freedom (OEF).

2.  The applicant states she deployed overseas for 6 months from 12 April through 15 October 2003.  She acknowledges that she did not indicate that this information should have been on her DD Form 214 at the time of her separation.  She adds this information is important because she is an employee of the Department of Veterans Affairs and that she is now applying for entry into the Army National Guard.

3.  The applicant provides, in support of her application, copies of her deployment orders, Officer Evaluation Report, and DD Form 214.

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 had prior honorable enlisted service in the U.S. Army Reserve (USAR) beginning 22 September 1993, active duty service in the Regular Army from 1 March 1995 through 8 January 1997, and Reserve service in the USAR Control Group from 9 January 1997 through 24 October 2001.

3.  The applicant was appointed a commissioned officer in the grade of second lieutenant in the USAR on 9 May 2002 and ordered to active duty.

4.  Headquarters, 7th Corps Support Group, Permanent Orders Number 159-7, dated 7 June 2003, awarded the applicant the Army Commendation Medal for meritorious achievement while serving as a platoon leader during OIF from
14 April to 15 May 2003.

5.  The applicant's DD Form 214 shows she was honorably released from active duty on 1 May 2004 based on miscellaneous/general reasons and transferred to the USAR Control Group (Reinforcement).  She had completed 1 year, 11 months, and 23 days of net active service this period.  Additionally:

   a.  item 12 (Record of Service), block f (Foreign Service) fails to show she completed any service this period;

   b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Commendation Medal, Army Achievement Medal (2nd Award), National Defense Service Medal (2nd Award), Global War on Terrorism Expeditionary Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, and Air Assault Badge; and

   c.  item 18 (Remarks) does not show she served in Kuwait or Iraq.

6.  In support of her request, the applicant provides the following documents:

   a.  Headquarters, I Corps Fort Lewis, Washington, Orders 099-006, dated 
9 April 2003, that show the 528th Quartermaster Company was directed to proceed on a temporary change of station to the U.S. Central Command's area of responsibility in support of OEF on 11 April 2003; and

   b.  A DA Form 67-9 (Officer Evaluation Report (OER)) for the period 12 April through 15 October 2003 that shows, in pertinent part, the applicant deployed in support of OIF, she successfully deployed with her platoon to Kuwait and Iraq in support of OIF in April 2003, and in April and May 2003 she led her platoon on five convoys from the port of Shwaiba to Camp Victory (Kuwait) and three two-day convoys from Kuwait to the Logistics Support Area of Anaconda (Balad, Iraq).

7.  In connection with the processing of this case, the Army Military Pay Operations - Defense Finance and Accounting Service (DFAS), Indianapolis, IN, was asked to verify the period of service the applicant was authorized hostile fire pay/imminent danger pay (HFP/IDP).  DFAS responded that the applicant received HFP/IDP for service in a combat zone (Kuwait) from 14 April through 
22 October 2003.

8.  A review of the applicant's military personnel records show that she may be authorized an additional award that is not shown on her DD Form 214.

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  This regulation provides, in pertinent part, that the Global War on Terrorism Service Medal is designated for Soldiers who have participated in or served in support of Global War on Terrorism Operations outside of the designated area of eligibility 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.

10.  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/Officer Record Brief (ERB/ORB), separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File.

11.  Paragraph 2-4 (Completing the DD Form 214) of Army Regulation 635-5 contains item-by-item instructions for completing the DD Form 214:

	a.  Item 12 states to use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  It also provides for item 12, block f, to show the total amount of foreign service completed during the period covered by the DD Form 214, as taken from the ERB/ORB;

	b.  Item 13 states 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; and

   c.  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 too long for their blocks.  It also provides, in pertinent part, 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, in effect, that her DD Form 214 should be corrected to show she served in Kuwait and Iraq from 12 April through 15 October 2003.

2.  The applicant's OER shows she deployed overseas on 12 April 2003 and that she served in Kuwait and Iraq through 15 October 2003.  DFAS records show the applicant served in Kuwait from 14 April through 22 October 2003; however, the applicant only claims overseas service through 15 October 2003.  Based on the available evidence, it is concluded that the applicant served:

   a.  overseas [emphasis added] from 12 April through 15 October 2003.  A calculation of this period of service shows that it equates to 6 months and 3 days.  Therefore, it would be appropriate to correct item 12, block f, of the applicant's DD Form 214 to show this foreign service; and

   b.  in direct support of OIF in [emphasis added] Kuwait and Iraq from 14 April through 15 October 2003.  Therefore, it would be appropriate to correct item
18 of her DD Form 214 to show this service.

3.  Records show the applicant qualified for award of the Global War on Terrorism Service Medal for her service in support of Global War on Terrorism Operations 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:

   a.  deleting from item 12, block f, of her DD Form 214 the entry, "0000 00 00" and adding the entry, "0000  06  03";

   b.  adding to item 13 of her DD Form 214 the Global War on Terrorism Service Medal; and

	c.  adding to item 18 of her DD Form 214 the entry "SERVICE IN KUWAIT/ IRAQ FROM 20030414-20031015//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)                                         AR20090013107



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ABCMR Record of Proceedings (cont)                                         AR20090013107



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