IN THE CASE OF:	  

		BOARD DATE:	    22 March 2012

		DOCKET NUMBER:  AR20110017532 


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, successful completion of the Primary Leadership Development Course (PLDC), and award of the Noncommissioned Officer (NCO) Professional Development Ribbon (NPDR).

2.  The applicant states, in effect, upon her release from active duty for parenthood she was unaware of any issues with her DD Form 214 until it was too late.  She further states she has orders and related documentation to substantiate her claims in order to correct the mistakes in her record.

3.  The applicant provides:

* Her DD Form 214
* A memorandum issued by the 528th Quartermaster company, Fort Lewis, WA, subject:  Deployment of U.S. Army Service Members, dated 8 April 2003
* Orders 099-006, issued by Headquarters, I Corps, Fort Hood, TX, dated
9 April 2003
* A DA Form 1059 (Service School Academic Evaluation Report), dated
10 November 2004


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 13 February 2001.  She completed training and she was awarded military occupational specialty 92Y (Unit Supply Specialist).  The highest rank/grade she attained while serving on active duty was sergeant (SGT)/E-5.

3.  The applicant’s record contains and she also provided a DA Form 1059 that shows she successfully completed the PLDC at Fort Lewis during the period
12 October 2004 through 10 November 2004.

4.  On 8 May 2006, the applicant was honorably released from active duty and she was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete her remaining Reserve obligation.  She completed
5 years, 2 months, and 26 days of creditable active service.  The DD Form 214 she was issued at the time shows in:

	a.  item 12f (Foreign Service) the entry "0000  00  00," indicating no foreign service during the period of service covered by the DD Form 214.

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

* Army Commendation Medal 
* Army Good Conduct Medal 
* National Defense Service Medal
* Global War on Terrorism Service Medal

	c.  item 14 (Military Education) the entry "None//Nothing Follows."


	d.  item 18 (Remarks) no entry for deployed service.

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 14 April 2003 through 8 April 2004, a period of 11 months and 26 days.

6.  The applicant provided a memorandum authenticated by the commander, 528th Quartermaster Company, dated 8 April 2003, that lists numerous Soldiers, including herself, who were on deployment orders in support of OIF and requested exemption from their contract.  She also provides a copy of Orders 099-006, dated 9 April 2003, that directed the company's temporary change of station the U.S. Central Command area of responsibility (AOR) in support of Operation Enduring Freedom (OEF).

7.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The NPDR is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses.

	b.  The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  

	c.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.

	d.  The Iraq Campaign Medal is authorized for service in Iraq on or after 19 March 2003 to a date to be determined by the Secretary of Defense.  It also states that a bronze service star is authorized with the Iraq Campaign Medal for each campaign a member is credited with participating in while serving in Iraq.  


During the applicant's tenure of assignment in Iraq, participation credit was granted for the following two campaigns:

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

8.  According to the Awards Branch at U.S. Army Human Resources Command, 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 get credit for a completed short tour.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers upon retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2  contains item-by-item instructions for preparation of the DD Form 214.  It states 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. 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.  Include title, length in weeks, and year completed.

	d.  item 18, for an active duty Soldier deployed with his or her unit during the period covered by the DD Form 214, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the applicant successfully completed the PLDC at Fort Lewis during the period 12 October through 10 November 2004, which equates to
4 weeks of training.  Therefore, her DD Form 214 should be corrected to show this military education.

2.  Based on her completion of the PLDC she is entitled to the NPDR and correction of her DD Form 214 to show this award.

3.  The applicant served a qualifying period of service for entitlement to the Army Service Ribbon.  Therefore, her DD Form 214 should be corrected to show this award.

4.  DFAS confirmed the applicant deployed to Kuwait/Iraq from 14 April 2003 through 8 April 2004 for a period of 11 months and 26 days.  Therefore, her
DD Form 214 should be corrected to show this period of foreign service.

5.  Based on this service and participation in two campaign phases she is entitled to the Iraq Campaign Medal with two bronze service stares and correction of her DD Form 214 to show this award.

6.  She also served during a qualifying period of service for the Overseas Service Ribbon.  Therefore, her DD Form 214 should be corrected 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.  deleting from item 12f of her DD Form 214 the entry "0000  00  00" and replacing it with the entry "0000  11  26";

	b.  adding to item 13 of her DD Form 214 the:

* Iraq Campaign Medal with two bronze service stars
* Noncommissioned Officer Professional Development Ribbon


* Army Service Ribbon
* Overseas Service Ribbon

	c.  deleting from item 14 of his DD Form 214 the entry "None//Nothing Follows" and replacing it with the entry "Primary Leadership Development Course, 4 weeks, 2004//Nothing Follows"; and

	d.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT/
IRAQ FROM 20030414 - 20040408."



      _______ _   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)                                         AR20110017532



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ABCMR Record of Proceedings (cont)                                         AR20110017532



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