IN THE CASE OF:	  

		BOARD DATE:  15 January 2013

		DOCKET NUMBER:  AR20120011923 


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 she served in Iraq for 6 months.

2.  The applicant states she served in Iraq from May to November 2006.  She sates that all of her awards are correct, but her total foreign service is not shown on the document.

3.  The applicant provides copies of her deployment orders, two counseling statements, two certificates, and three photographs.

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 October 2005.  She was awarded military occupational specialty 92G (Food Service Operations) and promoted to private first class (PFC) on 1 September 2006.

3.  The applicant's DD Form 214 shows she was honorably released from active duty on 25 September 2007 based on pregnancy or childbirth and transferred to Company A, 367th Engineer Battalion, St. Cloud, MN, to complete her Reserve obligation.  She completed 1 year, 10 months, and 29 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 Achievement Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal
* Army Service Ribbon

	c.  item 18 (Remarks):  "Service in Iraq 20060520-20061031."

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

   a.  Headquarters, 4th Infantry Division (Mechanized), Fort Hood, TX, Orders 315-06, dated 1 March 2006, that directed the temporary change of station of Headquarters, 2nd Brigade Combat Team, 4th Infantry Division (Mechanized), from Fort Hood, TX, to the U.S. Central Command area of operations in support of Operation Iraqi Freedom (OIF) on 1 March 2006.
   
   b.  Two DA Forms 4856 (Developmental Counseling Forms), dated 4 June and 4 October 2006, that show the applicant was stationed at Forward Operating Base (FOB) Duke and also FOB Kalsu in Iraq on the respective dates that she was counseled.

   c.  DA Form 4980-14 (Army Commendation Medal) certificate that shows Headquarters, 2nd Brigade, 4th Infantry Division, Permanent Order #205-51, awarded the applicant the Army Commendation Medal for meritorious service while deployed in support of OIF from 20 May to 15 November 2006.

   d.  2nd Brigade Combat Team "Warhorse" Certificate of Participation that shows the applicant was recognized by the brigade commander and command sergeant major for her unselfish service during OIF.

   e.  Three photographs with handwritten captions indicating they are pictures of the applicant and Soldiers she served with at FOBs Duke and Kalsu in Iraq.

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

6.  A review of the applicant's military personnel records failed to reveal evidence of any disciplinary actions, adverse information, or commander's disqualification for the Army Good Conduct Medal (1st Award).

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. 

	a.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

   b.  The Iraq Campaign Medal (ICM) is authorized for award to members of the Armed Forces of the United States who have served in direct support of OIF.

    	(1)  The area of eligibility 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.  The ICM period of eligibility is on or after 19 March 2003 to 31 December 2011. 

	 	(2)  A bronze service star is authorized with this service medal for each Iraq campaign a member is credited with participating in.   It shows that during the applicant's period of service in Iraq (20 May to 31 October 2006) she served in the National Resolution campaign (16 December 2005 - 9 January 2007).

8.  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); and

	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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that all of her awards are correct on her DD Form 214 and that it should be corrected to show she served 6 months in Iraq.

2.  The evidence of record shows the applicant was awarded the Army Commendation Medal for meritorious service while deployed in support of OIF from 20 May to 15 November 2006.  However, item 18 of her DD Form 214 shows she served in Iraq from 20 May through 31 October 2006.  Given the discrepancy in the dates shown on the two documents, it is concluded that the information shown on her DD Form 214 is correct and that the applicant actually served in Iraq from 20 May through 31 October 2006.

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

	2006  10  31	date of redeployment
	- 2006  05  20	date of deployment to Iraq
	=     00  05  11
	+                   1	day inclusive
	=     00  05  12	total foreign service in Iraq

	b.  Item 12f of the applicant's DD Form 214 does not show this foreign service.  Therefore, it would be appropriate to correct her DD Form 214 to show she completed 5 months and 12 days of foreign service.

3.  Records show the applicant served in Iraq during the National Resolution campaign.  Therefore, it would be appropriate to correct her DD Form 214 to show award of the ICM with one bronze service star.

4.  Permanent orders awarded the applicant the Army Commendation Medal.

5.  The applicant distinguished herself by her conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service for award of the Army Good Conduct Medal (1st Award) from 27 October 2005 to 25 September 2007, as evidenced by:

   a.  she was promoted to PFC (E-3) with 10 months of active duty;
   
   b.  awarded the Army Commendation Medal and the Army Achievement Medal; and

   c.  there is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

   d  Despite the absence of the unit commander's recommendation for award of the Army Good Conduct Medal (1st Award), based on the available evidence it would be appropriate to award the applicant this medal and correct her
DD Form 214 to show the award.

6.  In view 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:

________  ________  ________  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:

   a.  awarding the applicant the Army Good Conduct Medal (1st Award) for the period 27 October 2005 to 25 September 2007  (Standard Name Line:  PFC  Headquarters and Headquarters Company, 204th Forward Support Battalion (Combat Support), Fort Carson, CO  80913-2965);

   b.  deleting from item 12f of her DD Form 214 the entry "0000  00  00" and adding the entry "0000  05  12";

   c.  deleting from item 13 of her DD Form 214 the "Iraq Campaign Medal"; and


   d.  adding to item 13 of her DD Form 214 the:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Iraq Campaign Medal with 1 bronze service star

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 6 months of foreign service.




      _______ _  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)                                         AR20120011923



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ABCMR Record of Proceedings (cont)                                         AR20120011923



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