IN THE CASE OF:	  

		BOARD DATE:	  24 February 2011

		DOCKET NUMBER:  AR20100019354 


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 item 12f (Foreign Service) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show she served in Operation Iraqi Freedom (OIF) and her records be reviewed to determine her eligibility for additional awards.

2.  The applicant states she deployed in support of OIF.  She entered "Southeast" Asia on 10 December 2003 and moved forward to Baghdad (Green Zone) on 11 December 2003.  On 14 February 2004, she departed the theater enroute to Fort Bragg, NC. 

3.  The applicant provides a copy of her DD Form 214; Enlisted Record Brief (ERB), dated 28 January 2005; Headquarters, XVIII Airborne Corps and Fort Bragg, Orders Number 323-055, dated 19 November 2003; NATO Travel Order Number 323-055; and Headquarters, XVIII Airborne Corps and Fort Bragg, Orders Number 042-050, dated 11 February 2004.

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 23 January 2003, the applicant enlisted in the Regular Army.  She completed her initial training and was awarded military occupational specialty (MOS) 91D (Operations Room Specialist).

3.  On 12 May 2005, she was discharged due to parenthood.  She attained the rank of specialist, pay grade E-4 and she completed 2 years, 3 months, and 
20 days of creditable active duty service.  

4.  Item 12 (Foreign Service) of her DD Form 214 shows "0000  00  00."

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214 list her awards as the National Defense Service Medal, Global War on Terrorism Service Medal, and Army Service Ribbon.

6.  An email from the Defense Finance Accounting Service (DFAS) shows she received hostile fire/imminent danger pay and combat zone tax exemption from 
7 December 2003 through 13 February 2004 for Kuwait.

7.  Her ERB shows she was assigned duty as an Operating Room Specialist with the 28th Medical, Forward Deployed from 5 February to 14 February 2004.

8.  The applicant provides orders issued by Headquarters, XVIII Airborne Corps and Fort Bragg which show she was deployed in support of Operation Iraqi Freedom on or about 7 December 2003 and she redeployed to Fort Bragg, on or about 15 February 2004.  The applicant's last name is shown as "W___S on all orders. 

9.  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.  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)

10.  Army Regulation 635-5 prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The instructions for Item 12f state to enter the total amount of foreign service completed during the period covered by the DD Form 214.

11.  The separation documents instructions for Item 18 of the DD Form 214 state that for active duty Soldiers deployed with his or her unit, the following entry will be made "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

12.  The United States Army Human Resources Command website for the Awards Branch shows that the 28th Combat Support Hospital was awarded the Meritorious Unit Commendation for the period from 10 March 2003 to 
1 December 2003.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests her DD Form 214 be corrected to show she served in support of OIF and to add any additional awards she is authorized.

2.  The available records confirm she served in support of OIF from 7 December 2003 to 13 February 2004.  This period of service qualifies her for award of the Iraq Campaign Medal.  Additionally, she participated in one campaign (Transition of Iraq) during this period of service.  Therefore, she is entitled to award of one bronze service star with the Iraq Campaign Medal and correction of her DD Form 214 to show this award.

3.  The available evidence shows she was assigned to the 28th Combat Hospital at the time it was awarded the Meritorious Unit Commendation.  Her DD Form 214 should be corrected to add this unit award.




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 amending her DD Form 214 by:

* deleting the entry in item 12f and adding "0000 02  08"
* adding to item 13 the Meritorious Unit Commendation and Iraq Campaign Medal with one bronze service star
* adding to item 18 the entry "SERVICE IN KUWAIT/IRAQ 20031207 - 20040213"




      _______ _   __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)                                         AR20100019354



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ABCMR Record of Proceedings (cont)                                         AR20100019354



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