BOARD DATE:	  11 January 2011

		DOCKET NUMBER:  AR20100017139 


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) to show she served in Iraq during the war in Iraq from January 2003 to July 2003.

2.  The applicant states her Enlisted Record Brief was not updated prior to her retirement and the omission is hindering her from receiving her veterans' benefits.

3.  The applicant provides a statement of support from her former command sergeant major (CSM).

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 records show she enlisted in the Regular Army on 15 October 1980 and held military occupational specialty 92G (Food Service Specialist).  On 31 October 2004, she was retired in the rank/grade of sergeant first class/E-7 by reason of sufficient service for retirement.  She completed a total of 24 years and 16 days of creditable active service.

3.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 shows the Global War on Terrorism Service Medal, Korea Defense Service Medal, Meritorious Service Medal (3rd Award), Army Commendation Medal (4th Award), Army Achievement Medal (3rd Award), Army Good Conduct Medal (6th Award), National Defense Service Medal (2nd Award), Southwest Asia Service Medal with two bronze service stars, Noncommissioned Officer (NCO) Professional Development Ribbon with numeral 3, Army Service Ribbon, Overseas Service Ribbon (3rd Award), Kuwait Liberation Medal (Saudi Arabia), Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Air Assault Badge.

4.  Item 18 (Remarks) of her DD Form 214 shows "SERVICE IN SOUTHWEST ASIA FROM 19901026-19910416."

5.  Her records contain a DA Form 2166-8 (NCO Evaluation Report), Headquarters and Headquarters Company, 317th Engineer Battalion, 3rd Brigade, 3rd Infantry Division, Fort Benning, GA, dated 26 August 2003, wherein Part IVf (Responsibility & Accountability) contains the entry, "Expertly managed and supervised the dining facility operations during Operation Enduring Freedom feeding over 3,500 3rd Brigade Combat Team Soldiers daily."

6.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) was asked to verify the applicant's service during this period.  By email, dated 9 November 2010, a DFAS representative verified the applicant received hostile fire/imminent danger pay for service in Kuwait from 10 January 2003 to 14 July 2003.

7.  She provides a statement, dated 14 October 2009, from her former CSM wherein he states that he was the CSM for the 317th Engineer Battalion at the time and that his battalion deployed to Kuwait in or around November 2002 in preparation for Operation Iraqi Freedom.  The battalion deployed from January 2003 through July 2003.  During this period, the applicant deployed as the battalion dining facility manager and was present and travelling 2 to 3 kilometers behind the combat forces during the march up into Baghdad.  Once Baghdad was seized, the applicant was required to participate in logistical support operations as well as bringing supplies to the combat forces. 

8.  Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in support of Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  It further states service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the area of eligibility (AOE) or meet one of the following criteria including:  (1) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE, or (2) is killed, wounded, or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time.

9.  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, in pertinent part, that for a Soldier deployed to a foreign country, enter "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her DD Form 214 should be corrected to show her service in Iraq from January 2003 to July 2003.

2.  The evidence of record shows she served in Kuwait/Iraq from 10 January 2003 to 14 July 2003 as evidenced by the entry on her evaluation report and the statement provided by her former CSM.  Therefore, she is entitled to correction of her DD Form 214 to show her foreign service and the dates of service in Kuwait/Iraq.  Additionally, she served in Kuwait/Iraq during a qualifying period for award of the GWOTEM.  Therefore, she is entitled to correction of her DD Form 214 to show this award.

BOARD VOTE:

__x______  __x_____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

* adding to item 13 of her DD Form 214 the GWOTEM
* adding to item 18 of her DD Form 214 the entry "SERVICE IN KUWAIT/IRAQ FROM 20030110-20030714" to item 18 of her DD Form 214.



      __________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)                                         AR20100017139



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ABCMR Record of Proceedings (cont)                                         AR20100017139



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