BOARD DATE:	  30 June 2011

		DOCKET NUMBER:  AR20100029370 


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 Kuwait/Iraq.

2.  The applicant states she served in Kuwait/Iraq from March to December 2003 and she needs her DD Form 214 amended for the Department of Veterans Affairs (VA).

3.  The applicant provides:

* group deployment orders 
* an individual redeployment authorization memorandum
* a logistics turn-in memorandum for redeploying Soldiers

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 22 March 2000.  She completed basic combat and advanced individual training and was awarded military occupational specialty 88M (Motor Transport Operator).  The highest rank/grade she attained while serving during this period of active service was private first class/E-3.  

3.  The applicant was honorably released from active duty on 21 March 2004 after completing 4 years of active service during this period.

4.  The applicant's DD Form 214 does not show she served in Kuwait/Iraq.

5.  The applicant's record includes a signed copy of an Individual Redeployment Authorization Memorandum dated 17 August 2003, issued and signed by the Commander, Headquarters, Division Support Command, 4th Infantry Division (M), Tikrit, Iraq, which shows the applicant was authorized to depart the Central Command Area of Responsibility on 23 December 2003.

6.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed her Master Military Pay Account (MMPA) which shows she received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion for Kuwait from 30 March 2003 through 31 December 2003.

7.  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 that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYMMDD)" in block 18 of the DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom (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)

9.  Army Regulation 600-8-22 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 designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty 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.   

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record is ambiguous with regard to the applicant's actual dates of service in Kuwait/Iraq.

2.  DFAS records indicate the applicant was deployed to Kuwait from 30 March 2003 through 31 December 2003.  (At the time, she would likely have been processed into the theater of operations through Kuwait, which is likely why DFAS records show she served in that country.)  However, these records only indicate the amount of time she received HFP/IDP, not the amount of time she was actually in the theater of operations.  

3.  The DFAS information combined with the applicant's statement and redeployment documentation is accepted as sufficient evidence with which to amend block 18 of the applicant's DD Form 214 to show she served a tour of duty in Kuwait/Iraq from 30 March 2003 to 31 December 2003.

4.  Based on the applicant's accepted dates of service in Kuwait/Iraq, the applicant participated in two campaigns during her service in Kuwait/Iraq.  Therefore, she is entitled to two bronze service stars for wear on the Iraq Campaign Medal and correction of her DD Form 214 to show these bronze service stars.

5.  The evidence of record shows the applicant was serving on active duty after 11 September 2001; therefore, she is eligible for award of the GWOTSM and 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 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.  adding the statement "SERVICE IN KUWAIT/IRAQ FROM 20030330-20031231" to item 18 of her DD Form 214; and

	b.  adding the following awards to item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214:

* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Service Medal




      _______ _   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)                                         AR20100029370



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ABCMR Record of Proceedings (cont)                                         AR20100029370



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