BOARD DATE:	  18 September 2012

		DOCKET NUMBER:  AR20120005252 


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, correction of item 12f (Foreign Service) and item 18 (Remarks) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect her service in Iraq/Kuwait.

2.  The applicant states her DD Form 214 shows no foreign service.  She served 6 months in Iraq and 2 months in Kuwait.  She did not know the corrected version of her DD Form 214 had not been recorded until she applied for post-traumatic stress disorder counseling at a Department of Veterans Affairs Medical Center.

3.  The applicant provides copies of a DA Form 638 (Recommendation for Award) and Post-Deployment Health Assessment.

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 military record shows she enlisted in the Regular Army on 20 September 2001.  She completed training and was awarded military occupational specialty 92G (Food Service Specialist).

3.  She was honorably released from active duty in pay grade E-4 on 20 December 2003 and was transferred to the U.S. Army Reserve Control Group (Annual Training).

4.  Her DD Form 214 shows in:

* item 12f – no credit for foreign service

* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) –

* Army Lapel Button
* Army Commendation Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon

* item 18 – no entry for service in Iraq or Kuwait

5.  The Defense Finance and Accounting Service (DFAS), Indianapolis, IN, verified the applicant received hostile fire/imminent danger pay and combat zone tax exclusion for service in Kuwait from 4 April 2003 through 1 September 2003.

6.  A DA Form 638, dated 18 July 2003, shows she was awarded the Army Commendation Medal for meritorious service in support Operation Iraqi Freedom (OIF).

7.  A Post-Deployment Health Assessment, dated 21 August 2003, shows her dates of deployment from 4 April 2003 through 1 September 2003.

8.  Army Regulation 635-5 (Personnel Separations - 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 for:

* item 12, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 13, list awards and decorations for all periods of service
* item 18, for an active duty Soldier deployed with his/her unit during their continuous period of active service, enter "SERVICE IN (name of country deployed) FROM (inclusive dates, YYYYMMDD-YYYYMMDD)"

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  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 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 or 60 nonconsecutive days in the area of eligibility.

	b.  Service members who qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 28 February 2005 in an area for which the Iraq Campaign Medal was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

	c.  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 waters out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous waters 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.  During her service in Iraq, participation credit was awarded for the following two campaigns:

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

	d.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who participated in 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.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive or 60 nonconsecutive days.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant's service in Kuwait/Iraq from 4 April 2003 through 1 September 2003, a period of 4 months and 2 days.  Therefore, she is entitled to correction of item 12f of her DD Form 214 to show a credit of 4 months and 2 days.  She is also entitled to correction of item 18 of her DD Form 214 to show the entry, "SERVICE IN KUWAIT/IRAQ FROM 20030404-20090901."

2.  As a related issue, records confirm she served during a qualifying period in Iraq for either the Global War on Terrorism Expeditionary Medal or the Iraq Campaign Medal.  Army regulatory guidance states that no service member will be entitled to both the Iraq Campaign Medal and Global War on Terrorism Expeditionary Medal for the same act, achievement, or period of service.  Therefore, her DD Form 214 should be corrected to show the Iraq Campaign Medal with two bronze service stars.

3.  Records also confirm she served during a qualifying period for entitlement to the Global War on Terrorism Service Medal.  Therefore, her DD Form 214 should be corrected to show this award.

4.  There is no evidence of record and she provided none to show she served in Iraq and Kuwait for any time other than the dates confirmed by DFAS and those listed on the documents she provided.  Therefore, she is not entitled to correction to her DD Form 214 to show any additional foreign service than the foregoing.

5.  In view of the foregoing, her records should be corrected as recommended below.

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:

* deleting the entry "0000  00   00" from item 12f of the applicant's DD Form 214 and replacing it with the entry "0000  04  02"

* adding the following awards to item 13 of her DD Form 214:

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

* adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20030404-20090901" 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 correcting her DD Form 214 by crediting her with 8 months of foreign service credit for service in Iraq and Kuwait.



      ___________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)                                         AR20120005252



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ABCMR Record of Proceedings (cont)                                         AR20120005252



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