IN THE CASE OF:	  

		BOARD DATE:	    9 September 2010

		DOCKET NUMBER:  AR20100009403 


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 to her DD Form 214 (Certificate of Release or Discharge from Active Duty), to show all awards and overseas service for her service during Operation Iraqi Freedom (OIF).

2.  She states her DD Form 214 does not list her awards for OIF and she was also told it would show she served in OIF.  For the past 6 years she has been denied benefits because her DD Form 214 does not show she is an OIF veteran. This was brought to her attention in December 2009 when she contacted a Department of Veterans Affairs representative.

3.  She provides no additional documentation 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 enlisted in the Regular Army on 25 May 2001 for 3 years.  She completed training and she was awarded military occupational specialty 92G (Food Service Specialist).

3.  A DA Form 4856 (Developmental Counseling Form), dated 30 September 2003, shows she was being recommended for separation under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-8 for parenthood.  The DA Form 4856 indicates she was sent back from Iraq on 29 August 2003 in order to put another care plan for her children in place because her family care plan was not workable.  The applicant indicated on the DA Form 4856 that she needed "to get out of the Army as soon as possible so I can get home to care for my children…."

4.  In a memorandum, Subject Reason for Waiver, dated 16 October 2003, the Rear Detachment Commander, 4th Forward Support Battalion, stated the applicant deployed to Iraq in April 2003.  She was divorced and left three young children in the care of their civilian father.  She returned on emergency leave in September [2003] because the children’s father had been found guilty of child neglect and the children were temporarily placed with extended family members awaiting her return on emergency leave.  The applicant returned to Fort Hood, TX and requested a 30-day waiver so her separation packet could be expedited.

5. On 7 November 2003, the separation authority approved the recommendation for her separation.  She was honorably discharged, in pay grade E-4, on 14 November 2003.

6.  She was issued a DD Form 214 that shows in Item 12f (Foreign Service) the entry "0000  00  00," which indicated she completed no foreign service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows she was awarded the National Defense Service Medal and the Army Service Ribbon.  Item 18 (Remarks) does not show any deployment credit during her period of active service.

7.  A staff member of the Defense Finance and Accounting Service, Indianapolis, Indiana, verified the applicant served in Iraq and received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 28 April through 29 August 2003.

8.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of OIF.  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.  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.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  During the applicant's service in Iraq, she participated in the following two campaigns:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)

9.  Army Regulation 600-8-22 also 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.

10.  Army Regulation 635-5 (Personnel Separations - 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:

* for item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* for an active duty Soldier deployed with his/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

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant served in Iraq from 28 April through 29 August 2003.  Therefore, based on her service in support of OIF she is entitled to award of the Iraq Campaign Medal.  She also participated in two 

campaign phases; therefore, she is entitled to the Iraq Campaign Medal with two bronze service stars and correction of her DD Form 214 to show this award.

2.  The evidence also shows she participated in Global War on Terrorism operations outside of the designated areas of eligibility during a qualifying period for entitlement to the Global War on Terrorism Service Medal.  Therefore, her
DD Form 214 should be corrected to show this award.

3.  The evidence of record confirms she served in Iraq from 28 April through 29 August 2003 for a period of 4 months and 2 days.  Therefore, she is entitled to correction to item 12f of her DD Form 214 to show this foreign service.

4.  She is also entitled to correction of item 18 to show the entry, "SERVICE IN IRAQ FROM 200300428-20030829."

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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 12f of her DD Form 214 the entry "0000  00  00" and replacing it with the entry "0000  04  02";

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

	c.  adding to item 18 of her DD Form 214 the entry, "SERVICE IN IRAQ FROM 20030428-20030829."



      _______ _   _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)                                         AR20100009403



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ABCMR Record of Proceedings (cont)                                         AR20100009403



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