IN THE CASE OF:	  

		BOARD DATE:	  31 July 2012

		DOCKET NUMBER:  AR20120001733 


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 that she served in Iraq.

2.  The applicant states she was assigned to the 46th Chemical Company, 
2nd Chemical Battalion.  She deployed with her unit to Iraq in 2003 and was attached to the 588th Engineer Company.  She just recently realized that her overseas service is not recorded on her DD Form 214.

3.  The applicant provides copies of her deployment/redeployment documents and 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 20 April 2000 for a period of
3 years.  She was awarded military occupational specialty 54B (Chemical Operations Specialist).

3.  The applicant's DD Form 214 shows she was honorably released from active duty on 31 October 2003, based on completion of required active service, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete her remaining Reserve obligation.  She completed 3 years, 6 months, and
11 days of active service.  It also shows in:

	a.  item 12 (Record of Service), block f (Foreign Service):  "0000 years,
00 months, and 00 days";

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

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

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

4.  In support of her application, the applicant provides the following documents:

	a.  Headquarters, 13th Corps Support Command, Fort Hood, Texas, Orders 030-02, dated 30 January 2003, that show personnel of the 46th Chemical Company were deployed, effective 19 February 2003, to the Central Command area of operations for a period of 179 days.  The orders also show that hostile fire pay/imminent danger pay (HFP/IDP) was authorized in Jordan, Saudi Arabia, Turkey, Kuwait, Bahrain, and Qatar.

   b.  DA Form 4187 (Personnel Action), dated 7 July 2003, that shows the applicant's separation date was adjusted from 19 April to 31 October 2003 due to Stop Loss and she was scheduled to redeploy from Iraq during the period 10 to 19 July 2003.


   c.  Deployment Cycle Support Task Checklist that shows the applicant's commander certified that the applicant:

* was assigned to the 46th Chemical Company
* deployed with the 588th Engineer Battalion
* arrived in theater on 7 April 2003
* redeployed on 17 July 2003

5.  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 HFP/IDP.  DFAS confirmed the applicant received HFP/IDP from 8 April through 17 July 2003 for Kuwait.

6.  During the processing of this case, an ABCMR staff member contacted the applicant to determine if she desired to have her DD Form 214 corrected to show her authorized awards related to her service in support of Operation Iraqi Freedom (OIF), and if she had a preference regarding award of the Global War on Terrorism Expeditionary Medal (GWOTEM) or the Iraq Campaign Medal (ICM).  In response, the applicant indicated she would prefer the ICM and requested correction of her DD Form 214 to show her awards.

7.  A review of the applicant's military personnel records reveals she may be authorized additional awards that are not shown on her DD Form 214.

8.  The applicant entered active duty on 20 April 2000 and she was stationed at Fort Hood, Texas, when she deployed overseas on 7 April 2003.  However, her records do no show that she was awarded the Global War on Terrorism Service Medal (GWOTSM).

9.  Headquarters, 2nd Chemical Battalion, Fort Hood, Texas, Permanent Order 072-1, dated 13 March 2003, awarded the applicant the Army Good Conduct Medal (1st Award) for the period 21 April 2000 to 20 April 2003.

10.  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.  It shows during the applicant's period of service in Iraq, she served in the following campaigns: 

* 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)  Upon application, such a service member may be authorized the ICM in lieu of the GWOTEM for such service.

	c.  The 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.


11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214.  It shows for:

	a.  item 12f:  enter total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period);

	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; and

	c.  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 blocks.  For an active duty Soldier deployed to a foreign country during their continuous period of active service enter:  "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 and all of her awards.

2.  The evidence of record shows the applicant arrived in the theater of operations on 7 April 2003 and she was authorized HFP/IDP for service in Kuwait/Iraq through 17 July 2003.

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

	2003  07  17	date of redeployment
	- 2003  04  07	date of deployment to Kuwait/Iraq
	=     00  03  10
	+                   1	day inclusive
	=     00  03  11	total foreign service in Kuwait/Iraq

	b.  Item 12, block f, and item 18 of the applicant's DD Form 214 do not show this period of foreign service.  Therefore, it would be appropriate to correct 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.  Permanent orders awarded the applicant the Army Good Conduct Medal
(1st Award) for the period 21 April 2000 to 20 April 2003.

6.  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:

____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 12, block f of her DD Form 214 the entry "0000  00  00" and adding the entry "0000  03  11";
   
   
   b.  adding to item 13 of her DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Iraq Campaign Medal with 2 bronze service stars
* Global War on Terrorism Service Medal
	
   c.  adding the entry:  "SERVICE IN KUWAIT/IRAQ FROM 20030407-20030717" to item 18 of her DD Form 214.




      _______ _   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)                                         AR20120001733



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ABCMR Record of Proceedings (cont)                                         AR20120001733



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