IN THE CASE OF:	  

		BOARD DATE:	  29 May 2014

		DOCKET NUMBER:  AR20130016637 


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 Kuwait/Iraq and corresponding awards and decorations, including any campaign medals and the Combat Infantryman Badge. 

2.  The applicant states she served in Kuwait and Iraq.  She was in Iraq from April until 22 August 2003.  Upon notification that her spouse was in a critical motor accident, she was pulled back to the continental United States.  Her DD Form 214 is incomplete. 

3.  The applicant provides: 

* Recommendation for separation memorandum
* DD Form 214
* Copies of mailing envelopes
* Personal letters to family members
* Outpatient Cumulative Report
* Email with family members

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 (RA) on 16 July 1997 and she held military occupational specialty 31B (Military Police (MP)).  She reenlisted in the RA 8 January 2003.  

3.  Permanent Order 237-21, issued by Headquarters, National Support Element, Operation Joint Forge, on 24 August 2000, awarded her the Army Achievement Medal for service in support of Operation Joint Forge in Taszar, Hungary, from 16 March 2000 to 16 September 2000 (6 months and 1 day). 

4.  Her records contain a Noncommissioned Officer Evaluation Report (NCOER) for the rating period October 2002 through September 2003 that shows she was assigned to the 64th MP Company, 720th MP Battalion, Fort Hood, TX.  One of the bullets states "deployed and maintained 100 percent accountability of over $1,500,000 in arms room equipment in support of Operation Iraqi Freedom."

5.  On 9 December 2003, her immediate commander initiated separation action against her by reason of other designated mental or physical condition.  The separation authority approved her discharge on 12 December 2003. 

6.  She was honorably discharged from active duty on 30 December 2003 in the rank/grade of sergeant (SGT)/E-5.  She completed 6 years, 5 months, and 15 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, National Defense Service Medal, NCO Professional Development Ribbon, Army Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar, and Marksman Marksmanship Qualification Badge with Pistol Bar
* Item 18 (Remarks) no service in a hostile file/imminent danger pay (HF/IDP) or combat zone tax exclusion (CZTE)

7.  The Defense Finance and Accounting Service, Indianapolis, IN, confirmed by email, dated 10 October 2013, the applicant received HF/IDP and CZTE from 24 March 2003 to 23 August 2003 for service in Kuwait.
8.  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)"

9.  She provides: 

	a.  Multiple letters, emails, and copies of mailing envelopes, to family members updating them on her status, the weather, and her overall wellbeing while deployed to Iraq.  In one email she indicates she left Fort Hood, TX, on 19 March 2003 and arrived in Germany on 21 March 2003.  She then left Germany on 25 March 2003 and arrived in Kuwait on 26 March 2003.  She left Kuwait for Iraq on 6 April 2003 and returned in August 2003. 

	b.  An Outpatient Cumulative Report, dated 22 October 2003, indicating she completed a Post-Deployment medical test. 

10.  Her records do not contain any derogatory information in the form of lost time, nonjudicial punishment, court-martial conviction, or a suspension of favorable personnel actions.  Likewise, her records do not show she was awarded the Army Good Conduct Medal during her military service.

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

	a.  The Army Good Conduct Medal is awarded to individuals 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.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

	b.  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 of the designated areas of eligibility on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutives or 60 nonconsecutive days are authorized award of the Global War on Terrorism Service Medal.

	c.  The Iraq Campaign Medal is awarded to members who served in direct support of OIF.  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 to 31 December 2011)

	d.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

DISCUSSION AND CONCLUSIONS:

1.  With respect to her foreign/combat service:

	a.  The applicant previously deployed to Hungary in support of Operation Joint Forge from 16 March 2000 to 16 September 2000, a period of 6 months and 1 day.  Therefore, items 12f and 18 of her DD Form 214 should be corrected to show this deployment/foreign service. 

	b.  The applicant contends she served in Kuwait/Iraq from April 2003 to 22 August 2003.  She provides letters, emails, and envelopes indicating she had served at both locations.  Although there are no official documents in the form of a deployment order, manifest report, award citation, travel voucher, or other documentary evidence that puts her in Iraq, her pay records confirm she received HFP/IDP and CZTE for service from 24 March 2003 to 23 August 2003 (a period of 5 months), dates that are consistent with the dates she contends.  Additionally, her NCOER states she deployed in support of Operation Iraqi Freedom. 
	c.  Therefore, she is entitled to correction of item 12f of her DD Form 214 to show completion of 11 months and 1 day of foreign service and item 18 to show her service Kuwait/Iraq. 

2.  This period of service in Kuwait/Iraq also qualifies her for award of the Global War on Terrorism Service Medal and Iraq Campaign Medal.  Additionally, she participated in the Liberation of Iraq (19 March 2003-1 May 2003) and the Transition of Iraq (2 May 2003-28 June 2004) campaigns.  She is authorized two bronze service stars to be worn with the Iraq Campaign Medal and her DD Form 214 should be corrected to show this award.

3.  Permanent orders awarded her the Army Achievement Medal which is not shown on her DD Form 214.  Therefore, she is entitled to correction of her DD Form 214 to show it.

4.  She served honorably during the period 16 July 1997 through 30 December 2003.  She completed 6 years, 5 months, and 15 days of active service and her service was terminated by a medical condition (not a disability).  There is no derogatory information on file that would have disqualified her from receiving two awards of the Army Good Conduct Medal.  Therefore, it would be appropriate to award her the Army Good Conduct Medal (1st Award) for the period 16 July 1997 through 15 July 2000 and the Army Good Conduct Medal (2nd Award) for the period 16 July 2000 through 15 July 2003 based on completion of a qualifying period of active Army service and correct her DD Form 214 to show both awards.

5.  She does not qualify for award of the Combat Infantryman Badge since she neither held an infantry MOS nor was she assigned to an infantry unit or was actively present when her infantry unit was engaged in active ground combat or she actively participated in such ground combat.

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:

* deleting from item 12f of her DD Form 214 the entry "0000-00-00" and adding the entry "0000-11-01"
* awarding her the Army Good Conduct Medal (1st  Award) for exemplary behavior, efficiency, and fidelity during the period 16 July 1997 through 15 July 2000
* awarding her the Army Good Conduct Medal (2nd Award) for exemplary behavior, efficiency, and fidelity during the period 16 July 2000 through 15 July 2003
* adding to item 13 of her DD Form 214 the Army Good Conduct Medal (2nd Award), Army Achievement Medal, Global War on Terrorism Service Medal, and Iraq Campaign Medal with two bronze service stars
* adding to item 18 of her DD Form 214 the entry "Service in Hungary 20000316-20000916" and "Service in Kuwait/Iraq 20030324-20030823"

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 the Combat Infantryman Badge. 



      ____________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)                                         AR20130016637



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ABCMR Record of Proceedings (cont)                                         AR20130016637



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