IN THE CASE OF:	

		BOARD DATE:	  10 June 2010

		DOCKET NUMBER:  AR20090019326 


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:

* Block 11 (Primary Specialty) - 74D (Chemical Operations Specialist)
* Block 12f (Foreign Service) - 10 months
* Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized)
* Iraqi Campaign Medal
* Global War on Terrorism Service Medal
* Any other awards she is entitled to receive
* Block 14 (Military Education) - Chemical Operations Specialist
* Block 18 (Remarks) - "SOLDIER SERVED IN OPERATION ENDURING/IRAQI FREEDOM FROM 20030320 - 20030715"

2.  The applicant states:

* She is not sure why block 11 and block 14 on her DD Form 214 are incorrect
* She should have reviewed her DD Form 214 more closely at the time of her separation
* She deserves awards the rest of her unit got for being in Iraq
* The dates shown on her DD Form 214 for her service in Iraq are incorrect

3.  The applicant provides her Personal Web Transcript from the Army/ACE Registry Transcript System (AARTS).

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.  On 7 November 2000, the applicant enlisted in the Regular Army for 3 years, in the pay grade of E-1.  She completed training in military occupational specialty (MOS) 54B1O (Chemical Operations Specialist). 

3.  She was honorably released from active duty on 20 December 2003, at the completion of her required active service.

4.  The DD Form 214 the applicant was issued shows:

* Block 11 - 74D1O Information Systems Operator  2 Years - 6 Months
* Block 12f - 00 Years, 07 Months and 00 Days
* Block 13:
* Army Achievement Medal
* Presidential Unit Citation
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Army Lapel Button
* Block 14:
* Ammunition Specialist, 21 Weeks, January 2001
* NBC Officer/Noncommissioned Officer Defense Course, 2 Weeks, 
   August 2002
* Defense Package of Hazardous Materials, 2 Weeks, June 2002
* Block 18 - Soldier Served In Operation Enduring/Iraqi Freedom from 030320 - 030422
5.  The applicant submits her Personal Web Transcript from the AARTS which shows:

* Military Course Completions
* Military Experience
* Other Learning Experience

6.  The transcript confirms MOS 54B1O changed to 74D1O in October 2003.  However, the title Chemical Operations Specialist remained the same.  The transcript also confirms that she attended a Chemical Operations Specialist Course at Fort Leonard Wood, Missouri, from 19 March 2001 to 1 June 2001.  It does not show she attended a 21-week ammunition course in January 2001.

7.  Information obtained from the Defense Finance and Accounting Service (DFAS) reveals that per the applicant's Master Military Pay Account, she received hostile fire/imminent danger pay for service in Kuwait from 24 September 2002 through 17 April 2003.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states for item 11 enter from the Enlisted Record Brief (ERB), the titles of all MOS served for at least 1 year and include for each MOS the number of years and months served.  For item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.  For item 13 list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards). For item 14 from the ERB, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  Include title, length in weeks, and year completed.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.

9.  Army Regulation 600-8-22 states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation IRAQI FREEDOM (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 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.  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 meet one of the following criteria:  

* Be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, while participating in an operation or on official duties
* Is wounded or injured and requires medical evacuation from the area of eligibility
* While participating as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations; each day of operations counts as one day of eligibility

10.  The following rules apply to award of the Iraq Campaign Medal: 

* The Iraq Campaign Medal may be awarded posthumously
* Only one award of this medal may be authorized for any individual
* Under no condition will personnel receive the following awards for the same time period of service:
* Iraq Campaign Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Afghanistan Campaign Medal
* Armed Forces Expeditionary Medal

11.  Army Regulation 600-8-22 also 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 areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined.  

12.  Department of Defense Directive, dated 16 April 2008, designated four phases of Operation Iraqi Freedom as qualifying for a campaign star:  Liberation 

of Iraq from 19 March 2003 to 1 May 2003, Transition of Iraq from 2 May 2003 to 
28 June 2004, Iraqi Governance from 29 June 2004 to 15 December 2005, and 
National Resolution from 16 December 2005 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  Administrative errors were made during the preparation of the applicant's DD Form 214.

2.  Her records do not show that she ever served in an "Info Sys Opr" MOS while she was in the Army.  Her records show her MOS title as Chemical Operations Specialist and her DD Form 214 should be amended to reflect this information.

3.  The applicant disputes the amount of foreign service reflected in item 12f on her DD Form 214.  However, she has provided insufficient evidence to show that the 7 months of foreign service reflected therein is incorrect.  

4.  In her application, she provides her dates of service in Operation Iraqi/Enduring Freedom which are different from the dates provided by DFAS.  Her DD Form 214 provides a third set of dates and all of these dates are inconsistent.  Without actual orders or other documentation from the applicant to support her request to change the amount of foreign service and her dates of service in Operation Iraqi/Enduring Freedom, there is insufficient evidence to change the service currently reflected on her DD Form 214.

5.  The available evidence does support the applicant's contention that she is authorized additional awards that are not currently shown on her DD Form 214.  Her DD Form 214 should be amended to include all authorized awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X___  ___X___  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 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 to:

* Delete from item 11 - 74D1O "Info Sys Opr"  2 Yrs - 6 Mos
* Delete from item 14 - Ammunition Specialist, 21 Weeks, Jan 2001
* Add to item 11 - 74D1O Chemical Operations Specialist  2 Yrs - 6 Mos
* Add to item 13:
* Iraq Campaign Medal with one bronze service star
* Global War on Terrorism Service Medal
* Add to item 14 - Chemical Operations Specialist Course - 9 Weeks, 2001

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 amending item 12f on her DD Form 214 to show additional Foreign Service credit and item 18 to show different dates of service in Operation Iraqi/Enduring Freedom.



      ___________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)                                         AR20090019326





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ABCMR Record of Proceedings (cont)                                         AR20090019326



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