IN THE CASE OF:	  

		BOARD DATE:	  22 February 2012

		DOCKET NUMBER:  AR20110016683 


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 she served in Iraq.

2.  The applicant states she served in Iraq from July to December 2003.  She requires this correction of her records for veteran benefits.

3.  The applicant provides a copy of her DD Form 214 in support of her request.

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 24 April 2002 for a period of
3 years.  She was awarded military occupational specialty 92G (Food Service 
Specialist).
3.  The applicant's DD Form 214 shows she was discharged under honorable conditions on 21 January 2004.  She completed 1 year, 8 months, and 28 days of active service.  It shows in:

	a.  item 12 (Record of Service), block f (Foreign Service):  "0 years, 6 months, and 28 days";

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized):

* National Defense Service Medal
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Badge

	c.  item 18 (Remarks):  does not show the applicant deployed with her unit to Kuwait/Iraq or the period of any such deployment.

4.  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 hostile fire pay/imminent danger pay (HFP/IDP).  DFAS confirmed the applicant received HFP/IDP from 5 April through 22 October 2003 for Kuwait/Iraq.

5.  During the processing of this case, an ABCMR staff member contacted the applicant to determine if she desired the ABCMR to consider awards she may be entitled to for her overseas service.  With respect to a preference regarding award of the Global War on Terrorism Expeditionary Medal (GWOTEM) or the Iraq Campaign Medal (ICM) for her service in support of Operation Iraqi Freedom (OIF), the applicant indicated she would prefer award of the ICM in lieu of the GWOTEM.

6.  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 (GWOT) 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.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM. 

		(1)  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the AOE.

		(2)  Initial award of the GWOTEM was limited to service members deployed abroad in Operation Enduring Freedom and OIF in specific designated geographic AOEs, which included Iraq between 19 March 2003 and 28 February 2005.

   b.  The ICM is authorized for award to members of the Armed Forces of the United States who have 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.
   
	    (1)  The ICM period of eligibility is on or after 19 March 2003 to
31 December 2011 (i.e., the cessation of OIF).  It shows during the applicant's period of service in Iraq, she served in the: 

* Liberation of Iraq (19 March 2003 - 1 May 2003)
* Transition of Iraq (2 May 2003 - 28 June 2004)

       (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.  

       (3)  Service members qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized will remain qualified for the GWOTEM.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.

	c.  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 GWOT operations outside of the AOE designated for award of the GWOTEM, ICM, or Afghanistan Campaign Medal (ACM).  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 or 60 nonconsecutive days are authorized the GWOTSM.


7.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.

   a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record (PQR), Enlisted/Officer Record Brief (ORB/ERB), enlistment/reenlistment documents, personnel/finance records, discharge documents, separation orders, Military Personnel Records Jacket (MPRJ), or any other document authorized for filing in the Official Military Personnel File (OMPF).

   b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.  It shows for:

    	(1)  item 12, block f:  enter the total amount of foreign service completed during the period covered by the DD Form 214 (i.e., item 12, block c).  (To compute this entry, obtain the foreign service from the PQR or ERB.  If necessary, verify the foreign service in the MPRJ and/or OMPF.);

    	(2)  item 13:  entries will be for all periods of service.  (Check the Soldier's military service records for the validity of awards.  Do not abbreviate when listing the entries.  List the entries in order of precedence.); and

    	(3)  item 18:  use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries too long for their respective blocks.  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-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her DD Form 214 should be corrected to show her service in Iraq from July to December 2003.


2.  Available records and evidence shows the applicant served in Kuwait/Iraq in support of OIF from 5 April through 22 October 2003.

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

	2003  10  22	date of redeployment
	- 2003  04  05	date of deployment to Kuwait/Iraq
	=     00  06  17
	+                   1	day inclusive
	=     00  06  18	total foreign service in Kuwait/Iraq

	b.  Item 12, block f, of the applicant's DD Form 214 shows this total period of foreign service.  However, it would be appropriate to correct item 18 of her DD Form 214 to show she served in Kuwait/Iraq during the above cited period.

3.  Records show the applicant qualified for award of the GWOTEM for her service in support of the GWOT 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 Liberation of Iraq and Transition of Iraq campaigns.

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

4.  Records show the applicant qualified for award of the GWOTSM for her service in GWOT operations outside of the AOE designated for award of the GWOTEM, ICM, or ACM.

5.  In view of all of the foregoing, it would be appropriate to correct the applicant's
DD Form 214 to show her foreign service and awards, 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.  adding to item 13 of her DD Form 214 the:

* Iraq Campaign Medal with 2 bronze service stars
* Global War on Terrorism Service Medal

	b.  adding to item 18 of her DD Form 214 the entry:  "SERVICE IN KUWAIT/IRAQ FROM 20030405-20031022."

2.  The Board further determined 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 service in Iraq from July to December 2003.




      _______ _   __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)                                         AR20110016683



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ABCMR Record of Proceedings (cont)                                         AR20110016683



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