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ARMY | BCMR | CY2010 | 20100008755
Original file (20100008755.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  14 September 2010

		DOCKET NUMBER:  AR20100008755 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 December 2003 to show her deployment in support of Operation Iraqi Freedom (OIF).

2.  The applicant states the following:

* she was deployed with her unit in March 2002, but it is not on her 
DD Form 214
* she is unable to receive any benefits because of this error
* her unit left Germany on 18 March 2002
* she received hazard pay and all the special pay as well

3.  The applicant provides the following documents:

* DD Form 214 for the period ending 20 December 2003
* DD Form 214 for the period ending 5 June 2008
* REDD [Recruiter Eligibility Data Display] Response Data Report

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the Active Guard Reserve program in the rank/grade of specialist (SPC)/E-4.  At the time in question, she was assigned to the 502nd Engineer Company.

2.  She enlisted in the Regular Army on 24 January 2000 and she was honorably released from active duty (REFRAD) on 20 December 2003 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete her remaining Reserve obligation.

3.  Item 12f (Foreign Service) of her DD Form 214 for this period shows credit for completing 2 years, 8 months, and 5 days of foreign service.  Item 18 (Remarks) does not show she served in support of Operation Iraqi Freedom.  Her DD Form 214 also shows she was awarded the National Defense Service Medal, and the Overseas Service Ribbon.

4.  In an email, dated 23 July 2010, the Defense Finance and Accounting Service (DFAS) indicated the applicant received hostile fire/imminent danger pay (HF/IDP) and Combat Zone Tax Exclusion (CZTE) from 17 March 2003 through 17 August 2003 for service in Kuwait.

5.  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.  It establishes standardized policy for the preparation of the DD Form 214.  It states that 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.

6.  The global security website states V Corps reactivated the 565th Engineer Battalion on 14 April 1998 with the current organization consisting of the 502nd Engineer Company (Assault Float Bridge) and three other units.  All units are stationed in Hanau, Germany.  The unit participated in nine bridging missions during OIF including construction of the longest floating river bridge assembled in a combat theater since World War II.

7.  Army Regulation 600-8-22 (Military Awards) states 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 Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  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.  

8.  Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom.  The area of eligibility encompasses all the land area of the country of Iraq, 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.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-date to be determined)

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends she deployed in support of OIF with her unit in March 2002 and she received hazard pay and other special pay.  However, evidence of record indicates she deployed in March 2003, not 2002.

2.  The applicant's military pay records at DFAS show she received HF/IDP and CZTE from 17 March 2003 through 17 August 2003 for service in Kuwait.  Additionally, evidence shows the applicant’s unit, the 502nd Engineer Company, participated in missions during OIF.

3.  The applicant's military pay records and the internet information are accepted as sufficient evidence to amend item 18 of her 20 December 2003 DD Form 214 
to show the entry "SERVICE IN KUWAIT/IRAQ FROM 20030317 - 20030817.”

4.  As a matter of equity, her 20 December 2003 DD Form 214 should also be corrected to add her OIF awards -- the Iraq Campaign Medal with two bronze service stars and the Global War on Terrorism Service Medal.

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 adding to item 18 of her DD Form 214 for the period ending 20 December 2003 the entry "SERVICE IN KUWAIT/IRAQ FROM 20030317 - 20030817" and by adding to this DD Form 214 the Iraq Campaign Medal with two bronze service stars and the Global War on Terrorism Service Medal.

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 showing her deployment to Iraq in support of OIF in March 2002.



      _________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)                                         AR20100008755



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ABCMR Record of Proceedings (cont)                                         AR20100008755



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