IN THE CASE OF:
BOARD DATE: 24 October 2013
DOCKET NUMBER: AR20130003739
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 in:
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) award of the Legion of Merit and the Meritorious Unit Commendation
* item 18 (Remarks) foreign service in Kuwait from 1 September 2008 to
5 September 2009
2. The applicant states at the time of retirement she did not have the paperwork necessary to document her foreign service in Kuwait. Additionally, she was not awarded the Legion of Merit and the Meritorious Unit Commendation until after she received her DD Form 214.
3. The applicant provides:
* Memorandum for Record (MFR), dated 1 September 2009
* Permanent Orders (PO) Number 20-289, dated 20 January 2010
* Certificate awarding her the Legion of Merit, dated 30 March 2010
* PO Number 004-12, dated 4 January 2011
* DD Form 214
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a Reserve commissioned officer in the Army Nurse Corps on 30 March 1983. She entered active duty on 30 March 1988.
2. Her record contains an MFR issued by Headquarters and Headquarters Company, 3rd Medical Command (Deployment Support), Fort Gillem, GA, dated 21 September 2009 showing she was awarded the Army Reserve Components Achievement Medal for the period 30 March 1983 to 29 March 1987.
3. Her records contains a certificate showing PO Number 089-006, issued by the U.S. Army Reserve Command, Fort McPherson, GA, on 30 March 2010, awarded her the Legion of Merit for exceptionally meritorious service from
16 February 2000 through 15 February 2010.
4. On 21 March 2013, an official at the Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay and combat zone tax exclusion for service in Kuwait from 2 September 2008 to
5 September 2009.
5. She was honorably retired on 30 April 2010. Her DD Form 214 shows in:
a. item 12f (Foreign Service) the entry "0000 00 00";
b. item 13 that she was awarded or authorized the:
* Meritorious Service Medal (4th Award)
* Army Commendation Medal (4th Award)
* Army Achievement Medal (2nd Award)
* National Defense Service Medal (3rd Award)
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Humanitarian Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Army Reserve Components Overseas Training Medal (4th Award)
* Armed Forces Reserve Medal with "M" Device and 20 Year Device
c. item 18 does not contain an entry regarding her foreign service in Kuwait.
6. She provided an MFR issued by the 3rd Medical Command Deployment Support, Operation Command Post (Forward), Camp Arifjan, Kuwait, dated
1 September 2009, showing she was assigned to this command and she was authorized to wear the Global War on Terrorism Expeditionary Medal for service during Operation Iraqi Freedom for the period 1 September 2008 to 5 September 2009.
7. PO Number 038-27, issued by the U.S. Army Human Resources Command, Fort Knox, KY, dated 7 February 2012, shows Headquarters and Headquarters Company, 3rd Medical Command, was awarded the Meritorious Unit Commendation for the period 1 May 2009 to 31 August 2010.
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. Chapter 2 establishes standardized policy for preparation of the DD Form 214. It states that for:
* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards)
* 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)"
DISCUSSION AND CONCLUSIONS:
1. PO awarded the applicant the Legion of Merit; therefore, she is entitled to correction of her DD Form 214 to show this award.
2. Her records contain an MFR showing she was awarded the Army Reserve Components Achievement Medal. Therefore, she is entitled to correction of her DD Form 214 to show this award.
3. PO awarded her unit in Kuwait the Meritorious Unit Commendation; therefore, she is entitled to correction of her DD Form 214 to show this unit award.
4. The evidence present in her record and DFAS confirm she served in Kuwait from 2 September 2008 to 5 September 2009. Therefore she is entitled to correction of her DD Form 214, items 12f and item 18, to show this foreign service.
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:
a. adding to item 12f of her DD Form 214 the entry "0001 00 04";
b. adding to item 13 of her DD Form 214 the:
* Legion of Merit
* Army Reserve Components Achievement Medal
* Meritorious Unit Commendation
c. adding to item 18 of her DD Form 214 the entry "SERVICE IN KUWAIT FROM 20080902-20090905."
_______ _ _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) AR20130003739
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