BOARD DATE:	  3 December 2013

		DOCKET NUMBER:  AR20130007415 


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 her foreign service in support of Operation Iraqi Freedom (OIF). 

2.  The applicant states she served with Company D, 204th Forward Support Battalion, 4th Infantry Division.  Her unit was attached to the 588th Engineers.  

3.  The applicant did not provide any evidence. 

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 31 May 2002 and she held military occupational specialty 92G (Food Service Specialist).  She was assigned to Fort Hood, TX. 

3.  She was honorably released from active duty on 20 September 2004 in the rank/grade of specialist (SPC)/E-4 by reason of pregnancy.  She completed 2 years, 3 months, and 20 days of active service with no lost time.  Her DD Form 214 shows in:

* Item 12f (Foreign Service) - the entry "0000-00-00"
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Army Lapel Button, Global War on Terrorism Service Medal, National Defense Service Medal, and Army Service Ribbon
* Item 18 (Remarks) no service in a hostile file/imminent danger pay (HF/IDP) or combat zone tax exclusion (CZTE)

4.  During the processing of this case, a staff member of the Board contacted the applicant by phone on 23 November 2013 to clarify the dates and location of her deployment.  She indicated she lost all her documents in an apartment fire and could not remember the exact dates of her deployment. 

5.  The Defense Finance and Accounting Service, Indianapolis, IN, confirmed by email, dated 22 May 2013, the applicant received HF/IDP and CZTE from 9 April 2003 to 31 March 2004 for service in Kuwait.

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states for:

* block 12f enter the total amount of foreign service completed during the period covered by the DD Form 214
* block 13, enter all awards, decorations, and badges
* block 18 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  YYYYMMDD - YYYYMMDD)"

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria including:  (1) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE; or (2), is killed, wounded, or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time.  Kuwait is an authorized AOE.  

8.  Her official records contain no derogatory information in the form of lost time, nonjudicial punishment, or a record of court-martial.  Additionally, her record is void of a disqualification memorandum for her first award of the Army Good Conduct Medal.  

9.  Army Regulation 600-8-22 states the Army Good Conduct Medal is awarded to enlisted Soldiers 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.

10.  Army Regulation 600-8-22 also states the Overseas Service Ribbon is authorized to all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status for successful completion of overseas tours.
Table 3-2 of Army Regulation 614-30 (Overseas Service) identifies tour lengths. 

11.  A Frequently Asked Questions Document from the U.S. Army Human Resources Command Military Awards Branch, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed to Iraq or Afghanistan.  The document states, "Question:  How long do I have to serve in Iraq or Afghanistan to be awarded the Overseas Service Ribbon?  Answer:  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  Provided is a clarification statement the proponent to Army Regulation 614-30 has provided our office:  Soldiers who serve a minimum of 11 cumulative months 
or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour.  The reference is Army Regulation 614-30, table 3-2, rules 5 and 7.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by DOD; therefore, the Army gives equivalent credit for periods of change of station/tour of duty."



DISCUSSION AND CONCLUSIONS:

1.  The applicant's pay records show she received HF/IDP for service in Kuwait from 9 April 2003 to 31 March 2004, a period of 11 months and 23 days.  Therefore, she is entitled to correction of her DD Form 214 to show this foreign service.  

2.  This period of service qualifies her for award of the Global War on Terrorism Expeditionary Medal and correction of her DD Form 214 to show this award.

3.  The applicant completed 2 years, 3 months, and 20 days of creditable active service from 31 May 2002 to 20 September 2004.  She attained the rank of SPC/E-4, served in Kuwait, and she had no lost time.  Her record is void of any derogatory information which would have disqualified her from receiving her first award of the Army Good Conduct Medal.  Therefore, she is entitled to award of the Army Good Conduct Medal and correction of her records to show this award. 

4.  The applicant completed 11 months and 23 days of foreign service in Kuwait. This qualifies her for award of the Overseas Service Ribbon and correction of her records to show this award. 

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 from item 12f of her DD Form 214 the entry "0000-00-00" and adding the entry "0000-11-23"
* awarding her the Army Good Conduct Medal (1st  Award) for exemplary behavior, efficiency, and fidelity during the period 31 May 2002 through 20 September 2004
* adding to item 13 of her DD Form 214 the Army Good Conduct Medal (1st Award), Overseas Service Ribbon, and Global War on Terrorism Expeditionary Medal
* adding to item 18 of her DD Form 214 the additional entry "Service in Kuwait 20030409 - 20040331"



      _______ _   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)                                         AR20130007415



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130007415



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1