BOARD DATE: 24 September 2013
DOCKET NUMBER: AR20130001763
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 service in Iraq instead of Southwest Asia (SWA) and her awards of the Iraq Campaign Medal (ICM), Global War on Terrorism Service Medal (GWOTSM), and the Valorous Unit Award (VUA).
2. The applicant states she was unaware of the importance of having her deployment and awards on her DD Form 214, but it now affects her career progression in the National Guard.
3. The applicant provides a list of supporting 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 23 November 1999 for a period of 4 years, training as a fire control systems repairer and assignment to Fort Hood, Texas. She completed her basic training and her advanced individual training and was assigned to Fort Hood, Texas for her first and only assignment.
3. She deployed to Iraq during the period 20030404 20030825 with B Company, 4th Forward Support Battalion and was attached to the 1st Brigade Combat Team, 4th Infantry Division.
4. On 20 December 2003 she was honorably released from active duty (REFRAD) due to completion of required service. She had served 4 years and 28 days of active service and her DD Form 214 issued at the time of her REFRAD shows that she was awarded the Army Good Conduct Medal, National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon, and the Army Service Ribbon. It also shows that she served in Southwest Asia during the period 20030404 20030825.
5. On 17 May 2005, the VUA was awarded to the 1st Brigade, 4th Infantry Division for the period 15 April 2003 to 15 March 2004.
6. 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 for item 18 (Remarks), enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service.
7. Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.
8. Army Regulation 600-8-22 states 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 through 31 December 2011. A bronze service star
is authorized for wear with this medal for participation in each credited
campaign. Approved campaigns include the:
* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004).
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Iraq during a qualifying period for award of the ICM with two bronze service stars and the GWOTSM and is entitled to have those awards added to her DD Form 214.
2. Her unit was also awarded the VUA during the period she served in Iraq and is entitled to have that award added to her DD Form 214 as well.
3. The applicants DD Form 214 reflects that she served in SWA; however, the correct entry should reflect that she served in Iraq during the period
20030404 20030825.
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:
* Deleting the entry Service in Southwest Asia 20030404 20030825 from block 18 of her DD Form 214
* Adding the Iraq Campaign Medal with two bronze service stars, GWOTSM, and VUA to her DD Form 214
* Adding the entry Service in Iraq 20030404 20030825 to block 18 of her DD Form 214
_________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) AR20130001763
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ABCMR Record of Proceedings (cont) AR20130001763
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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