BOARD DATE:	  18 February 2014

		DOCKET NUMBER:  AR20130007355 


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) for the period ending 31 May 2012 to show award of the Combat Action Badge and the Iraq Campaign Medal.

2.  She states she is missing awards from the Iraq campaign.  

3.  She provides orders for award of the Combat Action Badge and a U.S. Army Reserve (USAR) Active Guard Reserve (AGR) End of Tour Report.

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 service in the Regular Army, the applicant enlisted in the USAR in December 1992. 
3.  She was ordered to active duty on 18 April 1999.

4.  She provided a USAR AGR End of Tour Report which indicates she served on active duty from 13 June 2010 to 14 June 2011 in support of Operation Iraqi Freedom (New Dawn campaign).  Block 17 (Remarks) of this form indicates she served in Iraq from 18 August 2010 to 6 June 2011, which is a designated imminent danger pay area.  This form also lists awards authorized for this period, including the Iraqi Campaign Medal with one campaign star, Meritorious Service Medal, Combat Action Badge, Global War on Terrorism Service Medal, Armed Forces Reserve Medal with "M" Device, Overseas Service Ribbon, and National Defense Service Medal.  

5.  She also provided Permanent Orders 070-029, dated 11 March 2011, published by Headquarters, 67th Battlefield Surveillance Brigade which awarded her the Combat Action Badge.

6.  At the completion of 20 years of service, she was retired on 31 May 2012.  Her DD Form 214 for the period ending 31 May 2012 does not show award of the Combat Action Badge and the Iraq Campaign Medal or indicate that she had foreign service in Kuwait/Iraq.  This DD Form 214 shows she was awarded the Global War on Terrorism Expeditionary Medal (GWOTEM).  

7.  Information obtained from the Defense Finance and Accounting Service revealed the applicant received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait from 16 August 2010 through 6 June 2011.

8.  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 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)
9.  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 the preparation of the DD Form 214.  It directs for item 12f (Foreign Service), enter the total amount of foreign service completed during the period covered by 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 (Remarks).  

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders show the applicant was awarded the Combat Action Badge in March 2011.  Therefore, this badge should be added to her DD Form 214 for the period ending 31 May 2012.

2.  The evidence of record shows she served in Iraq from 18 August 2010 through 6 June 2011.  

3.  The available evidence shows she served a period of qualifying service for award of the Iraq Campaign Medal with two bronze service stars.  Therefore, this medal should be added to her DD Form 214 for the period ending 31 May 2012.  Her DD Form 214 shows she was awarded the GWOTEM; however, it cannot be determined for what period of service she earned this medal.  Although regulatory guidance precludes receipt of both the GWOTEM and ICM for the same act, achievement, or period of service, it is the policy of this Board to not disadvantage an applicant by making the situation any worse off for having applied for a correction to their record.  

4.  In addition, it would be appropriate to amend item 12f of this DD Form 214 to reflect 9 months and 19 days of foreign service and to amend item 18 to show she served in Kuwait and Iraq from 18 August 2010 through 6 June 2011.  

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 the DD Form 214 for the period ending 31 May 2012 of the individual concerned be corrected by:

	a.  adding in item 12f the entry "0000 09 19"; 

	b.  adding in item 13 the Iraq Campaign Medal with two bronze service stars and the Combat Action Badge; and

	c.  amending item 18 by adding the entry "SERVICE IN KUWAIT/IRAQ 20100818 - 20110606."




      __________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)                                         AR20130007355





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ABCMR Record of Proceedings (cont)                                         AR20130007355



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