IN THE CASE OF:	  

		BOARD DATE:	  30 August 2012

		DOCKET NUMBER:  AR20120004555 


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 foreign service in Iraq.

2.  The applicant states she served in Iraq from February to August 2003 but it is not listed on her DD Form 214.  

3.  The applicant provides an award order.

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's records show she enlisted in the Regular Army on 7 August 2000 and she held military occupational specialty 92Y (Unit Supply Specialist).  She served in Kuwait/Iraq from 17 February to 2 August 2003 while assigned to Bravo Company, 63rd Signal Battalion, 11th Signal Brigade.

3.  On 20 December 2003, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve.  She completed 3 years, 4 months, and 14 days of creditable active service.

4.  The DD Form 214 she was issued shows the:

* Army Commendation Medal
* Army Achievement Medal
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Army Service Ribbon

5.  Item 18 (Remarks) of her DD Form 214 contains the entry "SERVICE IN SOUTHWEST ASIA 20030217 - 20030802."

6.  The applicant provides Permanent Orders Number 201-387, dated 21 July 2003, issued by Headquarters, 11th Signal Brigade, wherein she was awarded the Army Commendation Medal for exceptionally meritorious service in support of action against a hostile force in Iraq while serving as the supply room clerk.

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

	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 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010)
* New Dawn (1 September 2010-31 December 2011)

	b.  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.  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 area of eligibility, or meet other, specified criteria.  Initial award was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in a number of designated specific geographic area of eligibility, including Kuwait. 

	c.  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.  

8.  A review of the U.S. Army Human Resources Command website shows the 63rd Signal Battalion, 11th Signal Brigade, was cited for award of the Meritorious Unit Commendation for the period 1 October 2002 through 1 February 2004 by Department of the Army General Orders (GO) Number 3, dated 2007

9.  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.  It establishes standardized policy for the preparation of the DD Form 214.  It states in item 18, for an active duty Soldier deployed to a foreign country, enter "SERVICE IN (Name of Country Deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Kuwait/Iraq from 17 February to 2 August 2003.  Although her DD Form 214 shows her service in Southwest Asia, she is entitled to correction of her DD Form 214 to show the specific countries she served in.

2.  The official start date for OIF was 19 March 2003.  The applicant arrived in Kuwait on 17 February 2003.  Therefore, it is reasonable to presume she remained in Kuwait until at least 19 March 2003 when OIF commenced.  As such, she completed at least 30 days of service in Kuwait.  This period of service qualifies her for award of the Global War on Terrorism Expeditionary Medal which is already shown on her DD Form 214. 

3.  It is also reasonable to presume she served in Iraq from 19 March 2003 through her redeployment date, 2 August 2003.  This period of service qualifies her for award of the Iraq Campaign Medal.  Additionally, she participated in two campaigns (Liberation of Iraq and Transition of Iraq) during this period of service.  Therefore, she is entitled to award of two bronze service stars to be worn with the Iraq Campaign Medal and correction of her DD Form 214 to show these awards.

4.  She served during a qualifying period for award of the Global War on Terrorism Service Medal 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.  GO awarded her unit the Meritorious Unit Commendation during a period she was assigned to the unit.  Therefore, she is entitled to correction of her DD Form 214 to show this unit 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 the entry "SERVICE IN SOUTHWEST ASIA 20030217-20030802" from her DD Form 214 and

	b.  adding the following awards to her DD Form 214:

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


* Meritorious Unit Commendation
* entry "SERVICE IN KUWAIT/IRAQ FROM 20030217-20030802"



      _____________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)                                         AR20120004555



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ABCMR Record of Proceedings (cont)                                         AR20120004555



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