IN THE CASE OF:	  

		BOARD DATE:  19 January 2012

		DOCKET NUMBER:  AR20110013255 


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) for the period ending 22 January 2004 to show her period of service in Iraq.  She further requests correction of her DD Form 214 for the period ending 28 January 2006 to show her military education.

2.  The applicant states she was not counseled on the proper entries on the DD Form 214 and had no members of her family with military service to advise her.  Until recently, she thought the National Defense Service Medal was the only thing to recognize the war she participated in.

3.  The applicant provides:

* her two DD Forms 214
* a DA Form 638 (Recommendation for Award), dated 15 September 2003
* a unit newsletter (The Omaha Update – Weekly Update – 299th Engineer Battalion, 4th Infantry Division – 2nd Edition, Issue 6 – 4-11 September 2003)
* ten postage-stamped envelopes from an Army Post Office (APO) address
* an Army Good Conduct Medal Certificate for the period 26 May 2001 to
25 May 2004
* a five-page enrollment history from The Army Distance Learning Program (TADLP) for the period 2 August 2004 to 2 August 2005

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 two periods of active duty in the Regular Army; first from 23 January 2001 through 22 January 2004 and from 26 May 2004 through 28 January 2006.

3.  The DA Form 638 provided by the applicant, dated 15 September 2003, awarded her the Army Achievement Medal for the period 10 July 2001 to
22 January 2004 as an expiration of term of service (ETS) award.  Her achievements include her deployment in support of Operation Iraqi Freedom (OIF) while assigned to Headquarters and Headquarters Company, 299th Engineer Battalion, 1st Infantry Division in Iraq.

4.  Between January 2003 and November 2004, the applicant completed numerous on-line courses as evidenced by her TADLP enrollment history.

5.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait/Iraq from 3 April 2003 through
6 September 2003, which equates to 7 months and 4 days of foreign service.

6.  The applicant's DD Form 214 for the period ending 22 January 2004 shows in:

	a.  item 12f (Foreign Service) the entry "0000  00  00" indicating no foreign service;

	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons) the:

* Army Lapel Button
* 
National Defense Service Medal
* Army Service Ribbon

	c.  item 14 (Military Education) the entry "Light Wheel Vehicle Mechanic Course, 13 Weeks, 2001//Nothing Follows."

7.  Her DD Form 214 for the period ending 28 January 2006 shows in:

	a.  item 13 the:

* Army Commendation Medal
* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon
* Global War on Terrorism Service Medal

	b.  item 14 the entry "None."

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and provides that for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.

	b.  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).  Each entry will be verified by the Soldier's records.  Do not use abbreviations.

	c.  item 14, list formal in-service (full time attendance) training courses successfully completed during the period of service covered by the
DD Form 214.  (As an exception to policy to full-time attendance, list Command and General Staff College and Senior Service Colleges completed by correspondence courses.)  Include title, length in weeks and year completed.

	d.  item 18 (Remarks), for an active duty Soldier deployed with his or her unit, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

9.  Army Regulation 600-8-22 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.  During the applicant's service in Kuwait/Iraq she participated in the following three campaigns:

* 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)

10.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal 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 (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, 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.  Only one award of the GWOTSM may be authorized to any individual; second and subsequent awards will not be awarded.

DISCUSSION AND CONCLUSIONS:

1.  During her first period of service the applicant served in Iraq in support of OIF from 3 April 2003 through 6 September 2003.  This period of foreign service is not reflected in item 12f of her DD Form 214 for the period ending 22 January 2004.  Therefore, item 12f of her DD Form 214 for this period of service should be corrected to show she completed 7 months and 4 days of foreign service.

2.  During her first period of service she was awarded the Army Achievement Medal.  She also qualified for the Iraq Campaign Medal with three bronze service stars and the Global War on Terrorism Service Medal.  However, these awards are not reflected on her DD Form 214 for the period ending 22 January 2004, although the Army Achievement Medal and the Global War on Terrorism Service Medal are reflected on her DD Form 214 for the period ending 28 January 2006.  

Therefore, item 13 of her DD Form 214 for the period ending 22 January 2004 should be corrected to show these awards.

3.  Additionally, as a result of her service in Kuwait/Iraq, item 18 of her DD Form 214 for the period ending 22 January 2004 should also be corrected to show the entry "Service in Kuwait/Iraq from 20030403 - 20031106."

4.  Item 13 of her DD Form 214 for the period ending 28 January 2006 does not show the Iraq Campaign Medal with three bronze service stars.  Therefore, her DD Form 214 for this period of service should be corrected accordingly.

5.  Evidence shows the applicant completed numerous on-line training courses between January 2003 and November 2004.  However, these training courses do not meet the requirements of being full-time attendance courses for inclusion on the DD Form 214.  Therefore, there is no basis for granting this portion of her request.

6.  In view of the foregoing, the applicant's DD Forms 214 should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X __  ___X____  ___X   __  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 12 of her DD Form 214 for the period ending
22 January 2004 the entry "0000  00  00" and replacing it with the entry
"0000  07  04";

	b.  adding to item 13 of her DD Form 214 for the period ending 22 January 2004 the:

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

	c.  adding to item 18 of her DD Form 214 for the period ending 22 January 2004 the entry "Service in Kuwait/Iraq from 20030403 - 20031006"; and

	d.  adding to item 13 of her DD Form 214 for the period ending 28 January 2006 the Iraq Campaign Medal with three bronze service stars.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding any additional military education entry to item 14 of her DD Form 214 for the period ending 22 January 2004 and 28 January 2006.



      _______ _   _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)                                         AR20110013255



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ABCMR Record of Proceedings (cont)                                         AR20110013255



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