BOARD DATE:	  1 November 2011

		DOCKET NUMBER:  AR20110010598 


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 Iraq.

2.  The applicant states she was deployed from 1 April 2003 to 18 March 2004 and her DD Form 214 does not reflect any foreign service.

3.  The applicant provides a memorandum 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 enlisted in the Regular Army on 7 August 2001 in the rank/grade private/E-2.  She completed basic combat and advanced individual training and was awarded military occupational specialty 25F (Network Switching Systems Operator Maintainer).  She was assigned to Company B, 124th Signal Battalion, Fort Hood, TX.

3.  On 15 September 2004, she was honorably discharged due to parenthood.  The highest rank/grade she attained while serving on active duty was specialist/E-4.  The DD Form 214 she was issued shows she completed 3 years, 1 month, and 9 days of creditable active service.  This form further shows:

	a.  in item 12f (Foreign Service), the entry "0000  00  00";

	b.  in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), the Army Lapel Button, Global War on Terrorism Service Medal, National Defense Service Medal, and Army Service Ribbon; and

	c.  in item 18 (Remarks), no entry for a deployment.

4.  On 29 July 2011, the Defense Finance and Accounting Service (DFAS) was able to confirm the applicant received hostile fire pay (HFP)/imminent danger pay (IDP) and combat zone tax exclusion (CZTE) for service in Kuwait/Iraq from 3 April 2003 through 18 March 2004.

5.  A review of the applicant's service record shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions which would disqualify her for the first award of the Army Good Conduct Medal.  Additionally, there are no entries in her record to indicate her commanders denied her award of the Army Good Conduct Medal.

6.  The applicant provides a memorandum authenticated by her company commander certifying she was deployed to Iraq in support of Operation Iraqi Freedom (OIF) from 1 April 2003 through 18 March 2004.

7.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

8.  Army Regulation 600-8-22 states 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.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  During the applicant's tour of duty in Iraq she completed a qualifying period of service during two campaigns:  Liberation of Iraq (19 March through 1 May 2003) and Transition of Iraq (2 May 2003 through 28 June 2004).  Only one award of this medal may be authorized for any individual and under no condition will personnel or units receive the Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Afghanistan Campaign Medal, or Armed Forces Expeditionary Medal for the same action, time period, or service.

9.  According to the U.S. Army Human Resources Command Awards Branch, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan receive credit for a completed short tour.

10.  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.  In establishes standardized policy for the preparation of the DD Form 214 and 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.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214 and states:

	a.  the total amount of foreign service completed during the Soldier's continuous period of active service will be entered as "YYYY  MM  DD" in item 12f of the form;

	b.  all decorations, badges, citations, and campaign ribbons awarded or authorized for all periods of service should be entered in item 13 of the form; and

	c.  for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct her DD Form 214 to show her foreign service in Iraq has been carefully considered and was found to have merit.

2.  The applicant provided a memorandum authenticated by her company commander which certified she deployed to Iraq in support of OIF for the period 1 April 2003 through 18 March 2004.  Additionally, DFAS confirmed she received HFP/IDP and CZTE for service in Kuwait/Iraq.  Therefore, she is entitled to have this foreign service shown in item 12f and item 18 of her DD Form 214.

3.  The evidence of record shows she served a qualifying period of service for award of the Iraq Campaign Medal with two bronze service stars which is not shown on her DD Form 214.  Therefore, she is entitled to correction of her DD Form 214 to show this award.

4.  The evidence of record confirms the applicant served honorably on active duty during the period 7 August 2001 through 15 September 2004 and she was  advanced in rank two times during this period.  Her record is void of any evidence that shows she had lost time or that she received nonjudicial punishment or a court-martial action.  There is no evidence of a suspension of favorable personnel actions or that her commander denied her award of the Army Good Conduct Medal.  Lacking any derogatory information on file which would have disqualified her, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) for the period 7 August 2001 through 6 August 2004 and to correct her records to show this award.

5.  The evidence shows the applicant served in Iraq for a qualifying period of service for award of the Overseas Service Ribbon.  Therefore, the applicant is entitled to correction of her record to show this service 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.  awarding her the Army Good Conduct Medal (1st Award) for the period 7 August 2001 through 6 August 2004;

	b.  adding the entry "00  11  18" to item 12f of her DD Form 214;

	c.  adding the Army Good Conduct Medal (1st Award), Iraq Campaign Medal with two bronze service stars, and Overseas Service Ribbon to item 13 of her DD Form 214; and

   d.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20030401-20040318" 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)                                         AR20110010598



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ABCMR Record of Proceedings (cont)                                         AR20110010598



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