BOARD DATE:	  9 June 2011

		DOCKET NUMBER:  AR20100027827 


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 her foreign service in a hazardous duty zone in support of Operation Iraqi Freedom (OIF).

2.  The applicant states she almost lost her life in the line of duty while serving in Iraq and retired based on a physical disability as a result.  However, her DD Form 214 does not show her foreign service.

3.  The applicant provides an air evacuation document, a statement from a noncommissioned officer (NCO), her separation orders, and her DD Form 214.

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 had prior honorable enlisted service in the Army National Guard of the United States and Texas Army National Guard from 20 October 1998 through 9 May 2003.  She attained the rank of sergeant/pay grade E-5.

3.  The applicant was appointed as a Reserve commissioned officer in the Adjutant General Corps in the rank of second lieutenant/pay grade O-1 on 10 May 2003.  She was ordered to active duty on 11 December 2003 in support of OIF.

4.  A DA Form 67-9 (Officer Evaluation Report) covering the period 15 May through 17 December 2004 shows the applicant served as operations officer of a forward-deployed Personnel Replacement Company in the Iraqi zone responsible for the daily operation of the Personnel Processing Center of Iraq's only strategic aerial port of embarkation.

5.  U.S. Army Human Resources Command, Alexandria, Virginia, 
Orders A-01-500258, dated 6 January 2005, retained the applicant on active duty to voluntarily participate in the Reserve Component Medical Holdover/Medical Retention Processing Program for completion of medical care and treatment.

6.  The applicant's DD Form 214 shows she was honorably retired from active duty on 30 June 2005 based on a temporary disability.  She completed 1 year, 6 months, and 20 days of net active service.

	a.  Item 12f (Foreign Service) fails to show she completed any foreign service during this period.

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Commendation Medal, Global War on Terrorism Service Medal, National Defense Service Medal, Armed Forces Reserve Medal with "M" Device, and Army Service Ribbon.

	c.  Item 18 (Remarks) shows the entry "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION IRAQI FREEDOM IN ACCORDANCE WITH TITLE 10, U.S. CODE, SECTION 12302" and "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE."  It does not show she was ordered to active duty and deployed to a foreign country and it does not show she served in a hostile fire pay (HFP)/imminent danger pay (IDP) area.

7.  In support of her request, the applicant provides the following documents:

	a.  A 332nd Expeditionary Medical Group, Balad Air Base, Iraq, memorandum, dated 20 September 2004, shows the patient administration officer recommended the applicant for air evacuation to Landstuhl Regional Medical Center in Germany or to the continental United States for further medical treatment or evaluation.

	b.  An unsigned statement by Staff Sergeant (SSG) F____ F____, dated 28 May 2005, states SSG F____ was in vehicle #4 and the applicant was in vehicle #2 traveling in a 14-vehicle convoy (along with other Soldiers) from Logistics Support Area (LSA) Anaconda, Balad, Iraq to Irbil, Iraq, in September 2004 to deliver supplies.

		(1)  Shortly after departing the LSA, there was an explosion in front of the convoy and small arms fire from the right side of the road.  Soldiers in the convoy returned fire and the convoy moved through the enemy ambush.

		(2)  Upon arriving at their destination, an after action review (AAR) was conducted and SSG F____ learned that an improvised explosive device had detonated on vehicle #2.  The applicant reported that she reacted, returned fire, and shot an Iraqi man armed with a rifle.  She told SSG F____ she did not see that the man was holding a child as a shield during the exchange until after she fired and saw the child hit by fire.  SSG F____ described the applicant as being emotionally distraught at the time of the AAR.

		(3)  They attempted to submit a serious incident report via Iridium satellite phone, but the phone did not work.  The applicant reported the incident to the battalion commander immediately upon the convoy's return to LSA Anaconda.

	c.  Headquarters, III Corps and Fort Hood, Texas, Orders 174-0253, dated 23 June 2005, released the applicant from assignment and duty on 30 June 2005 because of physical disability and placed her on the Temporary Disability Retired List effective 1 July 2005.

8.  During the processing of this case, an ABCMR staff member contacted the applicant to ascertain the specific dates for her period of foreign service and to determine if she desired that the ABCMR consider awards to which she may be entitled for her service.

	a.  The applicant could not provide the specific dates.

	b.  The applicant indicated she would prefer award of the Iraq Campaign Medal (ICM) in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM) for her service in support of OIF.  She also indicated she had been recommended for the Combat Action Badge (CAB), but the application was not processed.

9.  During the processing of this case, the General Processing Branch, Defense Finance and Accounting Service (DFAS), Cleveland, OH, was asked to verify information relevant to the applicant's receipt of HFP/IDP.  DFAS confirmed the applicant received HFP/IDP from 22 June through 4 December 2004.

10.  A review of the applicant's military personnel records failed to reveal evidence that she was awarded the GWOTEM, ICM, or CAB.

11.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) 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.  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 AOE.

	b.  The ICM is authorized for award to members of the Armed Forces of the United States who served in direct support of OIF.  The AOE encompasses all land area of the country of Iraq and 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 ICM 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.

		(1)  A bronze service star is authorized for wear with the ICM for participation in each credited campaign.  Army Regulation 600-8-22 shows that during the applicant's overseas tour in Iraq from 22 June to 4 December 2003 participation credit was awarded for the Transition of Iraq (2 May 2003-28 June 2004) and Iraqi Governance (29 June 2004-15 December 2005) campaigns.

		(2)  Only one award of the ICM may be authorized for any individual.  No service member will be entitled to both the ICM and GWOTEM for the same act, achievement, or period of service.  Upon application, such a service member may be authorized the ICM in lieu of the GWOTEM for such service.

	c.  The requirements for award of the CAB are branch and military occupational specialty immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the CAB.  However, it is not intended to award the CAB to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where HFP/IDP is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.  Award of the CAB is authorized from 18 September 2001 to a date to be determined.

		(1)  The ABCMR operates under the procedures set forth in Army Regulation 15-185 (Army Board for Correction of Military Records) which provide that the ABCMR will not consider any application until the applicant has first exhausted all other administrative remedies to correct the alleged error or injustice.
     
     (2)  Requests for retroactive award of the CAB must be forwarded to Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.

		(3)  The applicant may request the CAB by letter.  The request must contain:

* assignment, attachment, or operational control orders
* a chain-of-command endorsement
* a one-page narrative description of the qualifying incident
* an Officer Record Brief/Enlisted Record Brief
* a certified copy of the DD Form 214
* other supporting documentation

		(4)  Since the applicant has not exhausted her administrative remedy regarding the CAB, no further action can be taken at this time.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214.

	a.  Item 12f states to enter total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) from the Officer Record Brief.

	b.  Item 13 states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; do not use abbreviations.

	c.  Item 18 states use this block for entries required by Department of the Army Headquarters for which a separate block is not available and for completing entries too long for their blocks.  For a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession, if applicable.

* "ORDERED TO ACTIVE DUTY IN SUPPORT OF (operation name) PER TITLE 10, U.S. CODE, (applicable section)"
* "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"
* "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS"

13.  In recent cases involving reviews of DD Forms 214 for Soldiers who served in an HFP/IDP area, the following statement is routinely entered:

* "SERVED IN A DESIGNATED HOSTILE FIREPAY/IMMINENT DANGER PAY AREA"

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her DD Form 214 should be corrected to show her foreign service in an HFP/IDP area and all of her authorized awards and decorations.

2.  Records show the applicant served in Iraq in support of OIF and she was authorized HFP/IDP from 22 June through 4 December 2004.

	a.  A calculation of this period of service shows the following:

	2004  12  04	date of redeployment
	- 2004  06  22	date deployment
	=     00  05  12
	+                   1	day inclusive
	=     00  05  13	total foreign service

	b.  Thus, it would be appropriate to show this period of foreign service in item 12f of her DD Form 214.
	c.  It would also be appropriate to correct item 18 of her DD Form 214 to show she served in Iraq during this period and that she served in an IDP area.

3.  Records show the applicant qualified for award of the GWOTEM for her service in support of the Global War on Terrorism in Iraq.  Records also show the applicant qualified for award of the ICM in lieu of the GWOTEM based on her service in Iraq.

	a.  The applicant requests award of the ICM in lieu of the GWOTEM.

	b.  Records show the applicant served in Iraq during the Transition of Iraq and Iraqi Governance campaigns.

	c.  Therefore, it would be appropriate to correct her DD Form 214 to show award of the ICM with two bronze service stars.

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:

	a.  deleting the entry "0000  00  00" from item 12f of her DD Form 214,

	b.  adding the entry "0000  05  13" to item12f of her DD Form 214,

	c.  adding the Iraq Campaign Medal with two bronze service stars to item 13 of her DD Form 214, and




	d.  adding the entry "SERVICE IN IRAQ FROM 20040622-20041204//
SERVED IN A DESIGNATED HOSTILE FIRE PAY/IMMINENT DANGER PAY AREA" 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)                                         AR20100027827



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ABCMR Record of Proceedings (cont)                                         AR20100027827



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