BOARD DATE: 8 May 2014
DOCKET NUMBER: AR20130016051
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her deployment to Kuwait/Iraq and to add her badges.
2. The applicant states she was deployed to Kuwait from January to March 2003 and to Iraq from March to September 2003. She contends that her DD Form 214 does not show her deployed service or the badges she should have received for that service.
3. The applicant provides no additional documentation.
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. Records show the applicant enlisted in the Regular Army on 6 September 1993. She was trained to be an automated logistical specialist. She was advanced to the rank of specialist, pay grade E-4 in November 2001.
3. The Defense Finance and Accounting Service (DFAS) records show the applicant received hostile fire pay, imminent danger pay, and combat zone tax exclusion from 17 February to 16 July 2003 for duty in Kuwait.
4. On 17 February 2004, the applicant was discharged from active duty due to parenthood. Her DD Form 214 shows she received the following service awards and qualification badges:
* National Defense Service Medal
* Army Lapel Button
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
5. Army Regulation 600-8-22 (Military Awards):
a. The GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in global war on terrorism operations outside of the areas of eligibility designated for award of the GWOTEM, 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 days or 60 nonconsecutive days are authorized the GWOTSM.
b. The GWOTEM 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. Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic areas of eligibility (AOE), including Kuwait.
6. Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including the DD Form 214. It provided that Item 18 (Remarks) would contain the following entry for Regular Army Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her DD Form 214 should be corrected to show her deployment to Kuwait/Iraq and to add his badges.
2. The available evidence of record shows that the applicant served a qualifying period of active duty for award of the GWOTSM. Therefore, his DD Form 214 should be corrected to show this medal.
3. The available evidence of record also shows that the applicant served a qualifying period of duty in Kuwait for award of the GWOTEM. Therefore, his DD Form 214 should be corrected to show this medal.
4. Unfortunately, there is insufficient evidence available to confirm the applicant's contention that she served in both Iraq and Kuwait for the overall period January to September 2003.
5. DFAS records indicate that the applicant was deployed to Kuwait from
17 February to 16 July 2003. Therefore, his DD Form 214 should show in
Item 18: "SERVICE IN KUWAIT: 20030217-20030716."
6. The available evidence shows the applicant was awarded marksmanship badges for qualifying with the rifle and grenade. There is no evidence of record, and the applicant has not provided any evidence, showing she qualified for any other badges.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X_____ ___X____ __X__ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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:
a. adding to her DD Form 214:
* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal
b. adding to the remarks block of her DD Form 214: "SERVICE IN KUWAIT: 20030217-20030716."
2. The Board further determined that 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 showing the applicant served in Iraq or was awarded any additional badges.
__________ 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.
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