IN THE CASE OF:	  

		BOARD DATE:	  8 January 2013

		DOCKET NUMBER:  AR20120011079 


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 that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her deployment to Iraq from 20030930 – 20040204, that she was a high school graduate at the time of her enlistment, and that she attended certified military training in Germany.

2.  The applicant states that her deployment to Iraq is not reflected on her DD Form 214.  It incorrectly shows that she was not a high school graduate when in fact she was a high school graduate and she attended HEMTT training of 1 week in 2004, Hazardous Material Driver Training Course of 1 week in 2004, and Environmental Awareness Training in 2004.

3.  The applicant provides a copy of her DD Form 214, a copy of her High School Diploma dated 5 June 1997, copies of her three Certificates of Training, and her deployment orders and associated documents.

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 27 February 2003 for a period of 6 years, training as a petroleum supply specialist, assignment to Europe, and a $16,000 enlistment bonus.  At the time of her enlistment her records were prepared to reflect that she was a high school graduate and that she had presented a diploma for verification.

3.  She completed her training and was transferred to Germany for her first and only assignment.  She deployed to Iraq from 20030930 to 20040204 and she was advanced to the pay grade of E-4 on 27 September 2004.

4.  On 22 April 2005, she was honorably released from active duty (REFRAD) under the provisions of Army Regulation 635-200, chapter 8, for pregnancy.  She had served 2 years, 1 month, and 26 days of active service.  

5.  Her DD Form 214 issued at the time of her REFRAD shows in block 14 (Military Education) that the only course she completed was her advanced individual training in 2003.  It also shows in block 15 that she was not a high school graduate, and block 18 (Remarks) contains no indication of her deployment.

6.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal (ICM) 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 through 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)

7.  Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  A silver service star is authorized in lieu of five bronze service stars.

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 that in block 18, for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

9.  Army Regulation 635-5 states to list in-service training courses; title, number of weeks year successfully completed during this period of service; e.g., medical, dental, electronics, supply, administration, personnel, or heavy equipment operations.  Only formal courses that are 40 hours or more (1 week) in duration will be entered on the DD Form 214.   

DISCUSSION AND CONCLUSIONS:

1.  The applicant was a high school graduate at the time of her enlistment.  Therefore, it appears an administrative error occurred when her DD Form 214 was prepared.  Accordingly, her DD Form 214 should be corrected to show in block 15b that she is a high school graduate. 

2.  The applicant served in Iraq from 20030930 to 20040204 and is entitled to have that deployment reflected on her DD Form 214.  Additionally, as a related issue, she served in two campaigns and meets the criteria for award of the ICM with two bronze service stars.

3.  The applicant completed the HEMTT training of 1 week in 2004 and Hazardous Material Driver Training Course of 1 week in 2004 and thus is entitled to have those military courses added to her DD Form 214.



4.  The applicant also completed Environmental Awareness Training in 2004; however, the Certificate of Training does not reflect that the duration of the course was at least 1 week (40 hours) in duration and therefore cannot be added to the DD Form 214.

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 all Department of the Army records of the individual concerned be corrected by:

* Deleting the “NO” entry in block 15b of her DD Form 214
* Adding an “X” in the “Yes” block of block 15b
* Adding the entries “HEMTT training, 1 week, September 2004 and Hazardous Material Driver Training Course, 1 week, August 2004 to block 14 of her DD Form 214
* Adding the award of the ICM with two bronze service stars to her DD Form 214
* Adding the entry “Service in Iraq 20030930 to 20040204” to block 18 of her DD Form 214

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 adding the completion of Environmental Awareness Training in 2004 to her DD Form 214.  

3.  The Board wants the applicant and all others to know that the sacrifices she made in service to the United States during the Global War on Terrorism are 


deeply appreciated.  The applicant and all Americans should be justifiably proud of her service in arms.




      _______ _   __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)                                         AR20120011079





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ABCMR Record of Proceedings (cont)                                         AR20120011079



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