IN THE CASE OF:	  

		BOARD DATE:	  12 August 2010

		DOCKET NUMBER:  AR20100007050 


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 her foreign service in Iraq and any awards and decorations to which she is entitled for participating in Operation Enduring Freedom (OEF) and Operation Iraqi Freedom (OIF) to include, but not limited to:  the Global War on Terrorism Service Medal (GWOTSM), the Global War on Terrorism Expeditionary Medal (GWOTEM), and the Iraq Campaign Medal.

2.  She states that although she deployed to Iraq for the period of 1 April 2003 through 3 September 2003, her foreign service is not shown on her DD Form 214.  She further states she was unaware of this error until she filed a medical benefits claim for service connected Post Traumatic Stress Disorder with the Department of Veterans Affairs and it was denied due to no proof of her deployment being shown on her DD Form 214.

3.  She provides a copy of her Army Discharge Review Board (ADRB) Case Report and Directive.

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 on 7 January 2002 and held military occupational specialty 63H (Track Vehicle Repairer).  She was discharged on 18 September 2003 after completing 1 year, 8 months, and 12 days of creditable service.  At the time of her discharge, she held the rank/pay grade of private/E-1.

3.  Her DD Form 214 shows the following entries:

	a.  Item 12f (Foreign Service) shows she served overseas 0 years, 5 months, and 1 day.

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows she was awarded or authorized to wear the National Defense Service Medal and the Army Service Ribbon.

	c.  Item 18 (Remarks) of this form does not show the specific dates of her deployment or to which country she deployed.

4.  She provides a copy of the ADRB Case Report and Directive rendered in response to her application for an upgrade of her characterization of service.  In pertinent part, these documents indicate that she served in Southwest Asia for an unspecified period of time.

5.  Her available military personnel record is devoid of any evidence and she has not provided any evidence showing the specific dates of her deployment or to which country she deployed.

6.  A query of her Master Military Pay Account (MMPA) maintained by the Defense Finance and Accounting Service (DFAS) revealed she received pay and tax exclusion entitlements associated with deployment to the hostile fire area of Kuwait/Iraq during the period 2 April 2003 through 2 September 2003.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that:

	a.  all decorations, badges, citations, and campaign ribbons awarded and authorized for all periods of service should be entered in item 13 of the form;

	b.  the total amount of foreign service completed during their continuous period of active service will be entered as "YYYY MM DD" in item 12f of the form; and

	c.  for item 18, 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.

8.  Army Regulation 600-8-22 (Military Awards) provides that the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the designated areas of eligibility on or after 11 September 2001 to a future 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 the GWOTSM.

9.  Army Regulation 600-8-22 states the GWOTEM 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 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 in operations approved by the Secretary of Defense.  

10.  Army Regulation 600-8-22 provides that award of the Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation.  The area of eligibility encompasses all land area of the country of Iraq and the contiguous sea area out to 12 nautical miles and the air space above these areas.  To qualify for award of this campaign medal, service members must have been assigned or attached to or mobilized with units operating in these areas of eligibility for 30 consecutive days or for 60 nonconsecutive days or meet one of the following criteria:

	a.  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility;

	b.  be medically evacuated from the area of eligibility for wounds or injuries resulting from participation in an operation or official duties; and

	c.  participate 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 1 day of eligibility).

11.  Department of the Army Military Personnel Message 10-078, dated 17 March 2010, provided guidance on the criteria, applicability, and standards for awarding and wearing of bronze service stars on the Afghanistan Campaign Medal and the Iraq Campaign Medal.  This message shows, in pertinent part, that during the applicant's tour of duty in Iraq she completed a qualifying period of service during two campaigns:  Liberation of Iraq (19 March 2003 through 1 May 2003) and Transition of Iraq (2 May 2003 through 28 June 2004).

12.  Army Regulation 600-8-22 states the Afghanistan Campaign Medal is awarded to members who have served in direct support of OEF.  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.

13.  Army Regulation 600-8-22 provides that under no condition will personnel or units receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her DD Form 214 should be corrected to show her foreign service in Iraq and any awards and decorations to which she is entitled for participating in OEF and OIF to include, but not limited to:  the GWOTSM, the GWOTEM, the Afghanistan Campaign Medal; and the Iraq Campaign Medal.

2.  A query of her MMPA maintained by DFAS revealed she received pay and tax exclusion entitlements associated with deployment to the hostile fire area of Kuwait/Iraq during the period 2 April 2003 through 2 September 2003.

3.  Therefore, it may be deduced that she served in the countries of Kuwait and Iraq in support of Operation Iraqi Freedom during the period 2 April 2003 through 2 September 2003, for a total of 0 years, 5 months, and 1 day; the same amount of foreign service shown in item 12f of her DD Form 214.

4.  In view of the foregoing, Item 18 of her DD Form 214 should be amended to show the period of her deployment and the country to which she deployed.

5.  Evidence shows she served a qualifying period of service in Iraq for award of the Iraq Campaign Medal and that she participated in two campaigns.  Therefore, she is entitled to correction of her records to show the Iraq Campaign Medal with two bronze service stars.

6.  Evidence shows she served a qualifying period of service for award of the GWOTSM.  Therefore, the applicant is entitled to correction of her record to show this service medal.

7.  Evidence shows she served a qualifying period of service for award of the GWOTEM.  However, Army Regulation 600-8-22 provides that under no condition will personnel or units receive the Iraq Campaign Medal, the GWOTEM, the GWOTSM, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service. Therefore, she is not entitled to correction of her record to show the GWOTEM.

8.  Her available military personnel record is devoid of any evidence and she has not provided any evidence showing she served in Afghanistan in support of OEF; therefore, she is not entitled to correction of her record to show award or authorization for any awards or decorations which are designated exclusively for OEF in Afghanistan. 

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:

	a.  adding the Iraq Campaign Medal with two bronze service stars and the Global War on Terrorism Service Medal to item 13 of her DD Form 214;

	b.  adding the entry, "SERVICE IN KUWAIT AND IRAQ FROM 20030402-20030902," to item 18 of her DD Form 214; and

	c.  providing her a corrected DD Form 214 as a result of 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 award of the GWOTEM and any awards or decorations which are designated exclusively for OEF in Afghanistan.



      ___________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)                                         AR20100007050





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)