IN THE CASE OF:	  

		BOARD DATE:	   25 March 2014 

		DOCKET NUMBER:  AR20130014479 


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), ending on 14 March 2004 to show her service in Kuwait/Iraq.

2.  The applicant states when she redeployed from Iraq, several Soldiers in her unit, the 3rd Corps Support Command, did not have Operation Iraqi Freedom or duty in Iraq annotated on their DD Form 214.  The unit submitted a request to issue a DD Form 215 (Correction to DD Form 214) but this action never happened.

3.  The applicant provides:

* DD Form 214, ending on 14 March 2004
* Orders 010705 (Annual Training)
* Orders M-040-0031 (Mobilization)
* Memorandum titled "Date Arrived in Theater"
* Orders 048-0093 (Release from active duty)
* Permanent Orders PO 314-002 (Combat Action Badge)

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's records show she was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 4 September 1981.  She entered active duty on 16 July 1984.  She served in a variety of assignments and she was honorably released from active duty on 29 September 1994.  

3.  On 9 February 2003, Headquarters, 89th Regional Support Command, Wichita, KS, published Orders M-040-0031 ordering her to active duty for a period of 365 days and with a proceed date of on or about 9 February 2003.  She was ordered to report to the 3rd Corps Support Command, Wiesbaden, Germany. 

4.  She entered active duty on 9 February 2003 and subsequently served in support of Operation Enduring Freedom.  She provides a memorandum, dated 12 December 2003, issued by Headquarters, 3rd Corps Support Command, Anaconda, Iraq, confirming her date of arrival in theater as 20 February 2003.  

5.  On 10 December 2003, Headquarters, 3rd Corps Support Command, published Permanent Orders 344-037 awarding her the Bronze Star Medal for meritorious service in support of Operation Iraqi Freedom from 19 March 2003 to 10 November 2003.  

6.  Her Officer Evaluation Report for the rating period 8 March 2003 through 31 January 2004 shows she served as the Assistant Chief of Staff, Surgeon Section and Dietitian, 3rd Corps Support Command, during Operation Iraqi Freedom.  The 3rd Corps Support Command comprised over 1,700 Soldiers in the V Corps Support units located in Kuwait and Iraq. 

7.  She was honorably released from active duty on 14 March 2004.  Her 
DD Form 214 for this period of service shows the following entries:

* block 12f (Foreign Service) – the entry "0001-00-06"
* block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – Bronze Star Medal among other awards
* block 18 (Remarks) – the entry Ordered to active duty in support of Operation Enduring Freedom in accordance with Title 10, U.S. Code, section 12302; but, no service in Kuwait/Iraq is listed

8.  On 5 May 2004 and 22 April 2005, Headquarters and Headquarters Company, 3rd Corps Support Command, Des Moines, IA, published two memoranda authorizing her awards of the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, and the National Defense Service Medal for her support of Operations Enduring Freedom/Iraqi Freedom. 

9.  On 10 November 2005, Headquarters, 89th Regional Readiness Command, Wichita, KS, published Permanent Orders 314-002 awarding her the Combat Action Badge for service from 3 July 2003 to 2 February 2004.  

10.  An email from the Defense Finance and Accounting Service confirms the applicant received hostile fire pay (HFP)/imminent danger pay (IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 22 February 2003 to 13 February 2004. 

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance for preparation of the DD Form 214.  It states that for block 18, for a Reserve Component Soldier deployed with his or her unit during their continuous period of active service, enter a statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  The applicant provides a verification memorandum confirming her date of arrival in theater as 22 February 2003.  She was awarded the Bronze Star Medal for meritorious service in support of Operation Iraqi Freedom from 19 March 2003 to 10 November 2003.  She was also awarded the Combat Action Badge for service from 3 July 2003 to 2 February 2004.  

2.  Her pay records confirm she received HFP/IDP and CZTE for service in Kuwait from 22 February 2003 to 13 February 2004.  Therefore, it is clear she served in Kuwait/Iraq and her DD Form 214 should be corrected to reflect her combat service in Kuwait/Iraq.



BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 adding to item 18 of her DD Form 214, ending on 14 March 2004, the entry "SERVICE IN KUWAIT/IRAQ FROM 20030222-20040213."




      _______ _   __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)                                         AR20130014479



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ABCMR Record of Proceedings (cont)                                         AR20130014479



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