IN THE CASE OF:	

		BOARD DATE:	 14 June 2012 

		DOCKET NUMBER:  AR20110021071 


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, in effect, that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her service in Iraq and the awards that she is authorized as a result of her service in Iraq.

2.  The applicant states, in effect, her deployment dates and overseas service are not shown on her DD Form 214.

3.  The applicant provides a copy of 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 23 August 2001.  She completed training as a unit supply specialist.

3.  After completing 2 years, 6 months, and 20 days of net active service this period, the applicant was honorably released from active duty on 12 March 2004 and was transferred to the U.S. Army Reserve Control Group (Reinforcement).

4.  Item 12f (Foreign Service) of her DD Form 214 shows she had 3 months and 22 days of foreign service.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214 shows she is authorized the following awards:

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

6.  Item 18 (Remarks) of her DD Form 214 does not show the dates or place of her foreign service.

7.  Information obtained from the Defense Finance and Accounting Service reveals that per the applicant's master military pay account, she received hostile fire/imminent danger pay for service in Kuwait from 14 February through 3 June 2003.

8.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect an individual's service, as it exists on the date of REFRAD or discharge.  It states 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.

9.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (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 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  

Approved campaigns include:

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

	b.  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 the Global War on Terrorism operations outside of the designated areas of eligibility on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.

	c.  The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism 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.  The Secretary of Defense, when recommended by the Chairman, Joint Chiefs of Staff, will designate the specific AOE per qualifying operation.

	d.  For award of the Global War on Terrorism Expeditionary Medal service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria:  (1) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE; (2), is killed, wounded, or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time; or (3) service members participating as a regularly assigned air crew member flying sorties into, out of, within, or over the AOE in direct support of Operations Enduring Freedom and/or Iraqi Freedom are eligible to qualify for award of the Global War on Terrorism Expeditionary Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.

2.  The available evidence shows she served in Kuwait/Iraq from 14 February through 3 June 2003.  Her DD Form 214 should be amended to show her foreign service and her dates of service in Kuwait/Iraq.

3.  The available evidence shows she is authorized the following awards that should be added on her DD Form 214:

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

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 amending her DD Form 214 for the period ending 12 March 2004 to add:

* item 13 – Iraq Campaign Medal with two bronze service stars, the Global War on Terrorism Service Medal, and the Global War on Terrorism Expeditionary Medal
* item 18 – "SERVICE IN KUWAIT/IRAQ FROM 20030214-20030603"




      _____________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)                                         AR20110021071



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ABCMR Record of Proceedings (cont)                                         AR20110021071



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