IN THE CASE OF:	  

		BOARD DATE:	  25 February 2014

		DOCKET NUMBER:  AR20130010205 


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 include her periods of deployment.

2.  The applicant states her deployments with the 15th Military Intelligence Battalion in support of Operation Enduring Freedom during the Guardrail Mission and with the 502d Military Intelligence Company from 22 April 2003 through 23 May 2003 are not reflected on her DD Form 214.

3.  The applicant provides copies of Joint Readiness Training Center and Fort Polk Orders 170-83, Joint Readiness Training Center and Fort Polk Permanent Orders 100-309, and Joint Readiness Training Center and Fort Polk Permanent Orders 199-301.

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 served in the Regular Army from 16 January 1997 through 31 October 2003.

3.  Joint Readiness Training Center and Fort Polk Orders 170-83, dated 19 June 2002, show her assignment to and deployment with the 15th Military Intelligence Battalion with attachment to Operations Control, Commander in Chief, Allied Forces Central Europe, to support Operation Enduring Freedom in support of the Guardrail Mission with a reporting date of 5 July 2002 for a period not to exceed 190 days.

4.  Joint Readiness Training Center and Fort Polk Permanent Orders 100-309, dated 10 April 2003, show the 502d Military Intelligence Company's temporary change of station to the U.S. Central Command area of operations in support of Operation Enduring Freedom effective 22 April 2003.

5.  Joint Readiness Training Center and Fort Polk Permanent Orders 199-301, dated 18 July 2003, added the applicant to the 502d Military Intelligence Company's manifest.

6.  The applicant was honorably released from active duty on 31 October 2003.  Her DD Form 214 contains no indication of any foreign service or deployments.

7.  A review of the applicant's pay records shows receipt of hostile fire/imminent danger pay for service in Iraq from 25 April 2003 through 26 May 2003.

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.  It establishes standardized policy for preparing and distributing the DD Form 214 and states for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside the areas of eligibility 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 or 60 nonconsecutive days, are authorized the GWOTSM.

	b.  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 Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the area of eligibility.

DISCUSSION AND CONCLUSIONS:

1.  The applicant received orders to serve in support of the Guardrail Mission in Iraq/Afghanistan commencing on 5 July 2002.  The orders were self-terminating not to exceed 190 days; however, there is no evidence of the actual terminal date for this deployment or where she served.  Without evidence of the terminal date and country of service, it is not possible to calculate the proper dates for this deployment for entry on her DD Form 214.

2.  The applicant's second deployment is more fully documented and her pay records show she received hostile fire/imminent danger pay for service in Iraq from 25 April 2003 through 26 May 2003, a period of 1 month and 2 days.  It would be appropriate to record this period of service in block 12f (Foreign Service) of her DD Form 214.

3.  Block 18 (Remarks) of her DD Form 214 should also be amended to include her verifiable foreign service by entering the statement "SERVICE IN IRAQ FROM 20030425-20030526."

4.  As a related issue, her period of service and deployments to Iraq show she is authorized award of the Global War on Terrorism Expeditionary Medal and Global War on Terrorism Service Medal.  It would be appropriate to add these medals to her DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 amending her DD Form 214 as follows:

* item 12f (Foreign Service) to show 1 month and 2 days
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) to add the Global War on Terrorism Expeditionary Medal and Global War on Terrorism Service Medal
* item 18 (Remarks) to show the statement:  "SERVICE IN IRAQ FROM 20030425-20030526"

2.  The Board further determined 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 any additional entries.




      _____________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)                                         AR20130010205



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ABCMR Record of Proceedings (cont)                                         AR20130010205



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