IN THE CASE OF:	

		BOARD DATE:	 9 August 2011

		DOCKET NUMBER:  AR20110002599


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 first deployment to Iraq from 19 January- 5 July 2003 and her completion of the Warrior Leader Course (WLC) in 2006.

2.  The applicant states an administrative error resulted in the omission of important information regarding her military service.

3.  The applicant provides her DD Form 214; her DA Form 1059 (Service School Academic Evaluation Report), dated 19 April 2006; and a letter from the Department of Veterans Affairs, dated 4 February 2011.

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 30 March 1994, the applicant enlisted in the Regular Army (RA).  She completed training and was awarded military occupational specialty 92G (Food Service Specialist).

3.  Item 5 (Oversea Service) of her DA Form 2-1 (Personnel Qualification Record – Part II) shows she was stationed in the Republic of Korea from 21 August 1994 through 18 August 1995.

4.  On 4 June 1999, she was honorably released from active duty under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 6-3b(1), by reason of parenthood.  Her DD Form 214 shows she completed 5 years, 2 months, and 5 days of net active service during this period.

5.  On 13 June 2002, she again enlisted in the RA.

6.  On 19 April 2006, she completed WLC at the Noncommissioned Officer (NCO) Academy at Fort Bragg, NC.

7.  On 12 March 2007, she was honorably discharged from the Army under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-8, by reason of parenthood.  Her DD Form 214 shows she completed 3 years, 10 months, and 18 days of net active service during this period.  The highest rank/grade she attained while serving on active duty was sergeant/E-5.

* Item 12f (Foreign Service) shows she completed 11 months and 15 days of foreign service
* Item 14 (Military Education) does not show her completion of WLC
* Item 18 (Remarks) contains the entry, "SERVICE IN KUWAIT/IRAQ 20050118-20060102"

8.  Defense Finance and Accounting Service (DFAS) records show she received hostile fire/imminent danger pay and combat zone tax exclusion for Kuwait from 26 January 2003 through 5 July 2003.

9.  Army Regulation 635-5 (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 the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

10.  A review of her records indicates she is entitled to additional awards which are not shown on her DD Form 214.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 for the period ending 12 March 2007 shows she was awarded the:

* Marksman Marksmanship Qualification Badge with Grenade Bar
* Army Commendation Medal (2nd Award)
* Army Achievement Medal
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal (2nd Award)
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

11.  Army Regulation 600-8-22 (Military Awards) provides that the Iraq Campaign Medal is awarded to members who 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.  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 2009-31 August 2010)
* New Dawn (1 September 2010-to be determined)

12.  Army Regulation 600-8-22 provides that the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

13.  Army Regulation 600-8-22 provides that the NCO Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981.  It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses, including WLC.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of her DD Form 214 to show her first deployment in support of OIF and her completion of WLC in 2006.

2.  The evidence of record shows she twice deployed in support of OIF.  DFAS records show she deployed to Kuwait from 26 January 2003 through 5 July 2003 and her DD Form 214 shows she deployed to Kuwait and Iraq from 18 January 2005 through 2 January 2006.  Accordingly, she is entitled to correction of her DD Form 214 to show these two deployments.

3.  The evidence of record shows she served a qualifying period for award of the Iraq Campaign Medal; therefore, she is entitled to correction of her DD Form 214 to show this award.  Additionally, she participated in the Iraqi Governance and National Resolution campaigns during her service in Iraq; therefore, she is entitled to two bronze service stars to be affixed to the Iraq Campaign Medal.

4.  The evidence of record shows she served in the Republic of Korea from 21 August 1994 through 18 August 1995, which is a qualifying period of service for award of the Korea Defense Service Medal; therefore, she is entitled to correction of her DD Form 214 to show this award.

5.  Additionally, her records show she completed WLC; therefore, she is entitled to correction of her DD Form 214 to show award of the NCO Professional Development Ribbon.

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.  amending item 12f of her DD Form 214 by deleting the entry "0000 11 15" and adding the entry "0001 04 25";

	b.  amending item 13 of her DD Form 214 by adding the Iraq Campaign Medal with two bronze service stars, Korea Defense Service Medal, and NCO Professional Development Ribbon;

	c.  amending item 14 of her DD Form 214 by adding the entry, "WARRIOR LEADER COURSE, 2 WEEKS, 2006"; and

	d.  amending item 18 of her DD Form 214 by adding the entry, "SERVICE IN KUWAIT/IRAQ FROM 20030126-20030705."



      ____________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)                                         AR20100014579



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ABCMR Record of Proceedings (cont)                                         AR20110002599



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