IN THE CASE OF:	   

		BOARD DATE:	  29 May 2012

		DOCKET NUMBER:  AR20110023826 


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 and the following awards:

* Army Commendation Medal
* Army Achievement Medal
* Army Good Conduct Medal
* Iraq Campaign Medal
* Global War on Terrorism Expeditionary Medal
* 608th Ordnance Company Unit Award

2.  The applicant states she served in Iraq from April 2003 through April 2004 with the 608th Ordnance Company. 

3.  The applicant provides:

* DD Form 214
* two memoranda
* Permanent Orders C0203
* two pages of a company roster
* DA Form 638 (Recommendation for Award)
* DA Form 4980-14 (Army Commendation Medal)
* DA Form 4980-18 (Army Achievement Medal)
* Permanent Orders 307-02
* DD Form 215 (Correction to 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 11 July 2000.  She completed basic combat and advanced individual training and was awarded military occupational specialty 55B (Ammunition Specialist).  She was assigned to the 608th Ordnance Company, Fort Benning, GA.

3.  On 25 November 2004, she was honorably released from active duty due to completion of required active service.  The highest rank/grade she attained while serving on active duty was sergeant/E-5.  The DD Form 214 she was issued shows she completed 4 years, 4 months, and 15 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, Army Service Ribbon, and Noncommissioned Officer’s Professional Development Ribbon; and

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

4.  On 5 January 2012, 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 18 April 2003 through 3 March 2004, a period of 10 months and 15 days.

5.  The applicant provides a memorandum authenticated by her former section sergeant who claims she was deployed to Iraq in support of Operation Iraqi Freedom (OIF) from April 2003 through April 2004.  
6.  The applicant also provides Permanent Orders Number 059-09, dated          28 February 2004, awarding her the Army Commendation Medal for exceptional service while serving as an ammunition specialist for the 608th Ordnance Company in support of Iraqi Freedom.

7.  She provides DA Form 4980-18, which shows Permanent Orders Number 344-65 awarded her the Army Achievement Medal. 

8.  She provides Permanent Orders 307-02, dated 2 November 2004, which awards her the Army Good Conduct Medal (1st Award), for the period 11 July 2000 to 10 July 2003.  She also provides a DD Form 215, dated 4 August 2005, which shows the addition of this award to her military record.

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

10.  A review of the U.S. Army Human Resources Command Awards Branch War on Terrorism Unit Award Orders and Citation Database failed to show the 608th Ordnance Company received a unit award which coincided with her period of assignment to the unit.

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


12.  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.

13.  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 and the following awards:

* Army Commendation Medal
* Army Achievement Medal
* Army Good Conduct Medal
* Iraq Campaign Medal
* Global War on Terrorism Expeditionary Medal
* 608th Ordnance Company Unit Award

has been carefully considered and was found to have partial merit.

2.  The actual dates of the applicant’s deployment are ambiguous; however, she provided a memorandum authenticated by her former section sergeant and an Army Commendation Medal which corroborate her deployment to Iraq in support of OIF.  In addition, DFAS confirmed she received HFP/IDP and CZTE for service in Kuwait/Iraq for the period 18 April 2003 through 3 March 2004, a period of 10 months and 15 days.  Therefore, she is entitled to have this foreign service shown in item 12f and item 18 of her DD Form 214.

3.  Permanent orders awarded her the Army Commendation Medal and Army Achievement Medal.  Therefore, she is entitled to correction of her DD Form 214 to show these awards.  The Army Good Conduct Medal is already resident on her DD Form 215.

4.  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.  

5.  Under no condition will personnel or units receive the Iraq Campaign Medal and Global War on Terrorism Expeditionary Medal for the same action, time period, or service.  Therefore, she is not entitled to correction of her DD Form 214 to show award of the Global War on Terrorism Expeditionary Medal.

6.  A review of the U.S. Army Human Resources Command Awards Branch War on Terrorism Unit Award Orders and Citation Database failed to show the 608th Ordnance Company received a unit award which coincided with the period of her assignment to the unit.  Therefore, she is not entitled to correction of her          DD Form 214 to show a unit award.

7.  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:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 the entry “00 10 15” to item 12f of her DD Form 214;
	
   b.  adding the Army Achievement Medal, Army Commendation Medal, Iraq Campaign Medal with two bronze service stars, and Overseas Service Ribbon to item 13 of her DD Form 214; and

	c.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20030418-20040303" to item 18 of her DD Form 214.

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 award of the Global War on Terrorism Expeditionary Medal and a 608th Ordnance Company unit award.




      _______ _   __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)                                         AR20110023826



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ABCMR Record of Proceedings (cont)                                         AR20110023826



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