IN THE CASE OF:	  

		BOARD DATE:  4 January 2013

		DOCKET NUMBER:  AR20120010685 


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 retirement DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her service in Iraq from 24 February 2003 to 24 February 2004.

2.  She states her Iraq service is documented by award of the Bronze Star Medal, DA Form 4037 (Officer Record Brief), DA Form 67-9 (Officer Evaluation Report (OER)), and DD Form 2796 (Post-Deployment Health Assessment).

3.  She provides:

* DA Form 638 (Recommendation for Award)
* DA Form 4037
* Two DA Forms 67-9
* DD Form 2796

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.  After having had prior enlisted service, the applicant was appointed as a Reserve commissioned officer on 25 February 1988 with a concurrent call to active duty.  

3.  She provided the following documents which indicate:

   a.  OER for the period ending 12 May 2003, Part VII (Senior Rater (SR)), the SR commented, in part, "She has also greatly increased the tactical communications capabilities of the Group, which proved essential during Operation Iraqi Freedom (OIF)."

   b.  DA Form 638, dated 15 June 2003, Block 20 (Achievements):

		(1)  Achievement #1 "MAJ (applicant's name) worked countless hours planning signal support to operations in preparation for deployment in support of Operation Iraqi Freedom..."

		(2)  Achievement #2 "Due to the delayed deployment and arrival of the Corps Support Group's signal, MAJ (applicant's name) had to develop alternative methods to provide the CSG [Corps Support Group] and its subordinate units with signal support both in Kuwait and in the early stages of the war in Iraq..."

		(3)  Achievement #3 "Throughout Operation Iraqi Freedom MAJ (applicant's name) overcame significant personnel and equipment shortages to provide quality voice, data, and STAMIS [Standard Army Management Information System] connectivity for the group headquarters and two subordinate battalions…"

	c.  Post-Deployment Health Assessment, dated 29 January 2004, she was deployed to Kuwait in support of Operation Iraqi Freedom on 28 February 2003 and departed on 29 February 2004.

	d.  OER for the period ending 13 April 2004, Part IIIc (Significant Duties and Responsibilities), she performed duties as a Signal Officer for the 101st Airborne Division (Air Assault) Rear Command Post and the Division Support Command in Iraq, during Operation Iraqi Freedom."

	e.  ORB, dated 20 October 2004, Section IX (Assignments Information), she was assigned to Headquarters and Headquarters Company, Support Command in Iraq from 24 February 2003 to 24 February 2004.

4.  Upon the completion of sufficient service she was retired from active duty on 31 October 2007.  Her retirement DD Form 214 shows in:

   a.  item 12f (Foreign Service), she completed 6 years, 6 months, and 26 days of foreign service.
   
   b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)), award of the Global War on Terrorism Service Medal among other awards but not the Iraq Campaign Medal.
   
   c.  item 18 (Remarks), she served in Saudi Arabia from 24 August 1990 to 1 March 1991 and from 15 December 1993 to 15 May 1994 and in Macedonia from 26 June 1996 to 14 February 1997.

5.  Information obtained from the Defense Finance and Accounting Service (DFAS) revealed the applicant received hostile fire (HF)/imminent danger pay (IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 28 February 2003 through 23 February 2004.

6.  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 preparation of the DD Form 214.  It states that 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.  

7.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom.  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 include:


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

DISCUSSION AND CONCLUSIONS:

1.  The applicant's military pay records show she received HFP/IDP and CZTE for the period 28 February 2003 through 23 February 2004 for service in Kuwait.  

2.  The evidence of record shows the applicant was deployed to Iraq in support of Operation Iraqi Freedom from 28 February 2003 to 23 February 2004.  

3.  Therefore, it would be appropriate to amend item 18 of her retirement DD Form 214 to show her service in Kuwait/Iraq.

4.  Based on this service, she is eligible for award of the Iraq Campaign Medal with two bronze service stars.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that the retirement DD Form 214 of the individual concerned be corrected by:

   a.  amending item 18 to show the entry “SERVICE IN KUWAIT/IRAQ FROM 20030228 TO 20040223;" and
   
	b.  amending item 13 to add award of the Iraq Campaign Medal with two bronze service stars.  



2.  The Board further determined that 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 correction of her retirement DD Form 214 to show she served in Iraq from 24 February 2003 to 24 February 2004.



      _______ _  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)                                         AR20120010685





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120010685



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1