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ARMY | BCMR | CY2013 | 20130021064
Original file (20130021064 .txt) Auto-classification: Approved

		IN THE CASE OF:	 

		BOARD DATE:	  28 August 2014

		DOCKET NUMBER:  AR20130021064 


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 all of her foreign service and awards.

2.  The applicant states her DD Form 214 does not presently show these things. 

3.  The applicant provides a copy of her DD Form 214.

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 5 June 2000 and completed training as a petroleum supply specialist.



3.  Orders in her record show:

	a.  Headquarters, 7th Corps Supply Group, Permanent Orders 191-2, dated 10 July 2003, awarded her the Army Commendation Medal for meritorious service in Iraq from 19 March to 30 April 2003.

	b.  Headquarters, 101st Corps Support Group, Permanent Orders Number 210-05, dated 29 July 2003, awarded her the Army Commendation Medal for meritorious service from 1 October 2000 to 30 November 2003.

4.  She was honorably released from active duty on 30 November 2003 and transferred to the U.S. Army Reserve, in the rank of specialist, pay grade E-4.  Her DD Form 214 lists in:

	a.  item 12f (Foreign Service) – 00 years, 04 Months, and 25 days; and

	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – the Army Good Conduct Medal, National Defense Service Medal, Army Service Medal, and the Overseas Service Bar; and 

   c.  Item 18 (Remarks) – "Service in Kuwait/Iraq 20030309 thru 20030803."

5.  The Defense Finance and Accounting Service (DFAS) confirmed that she received hostile fire/imminent danger pay (HF/IDP) in:

	a.  Afghanistan from 8 April 2002 through 31 August 2002; and

	b.  Kuwait from 9 March through 2 August 2003.

6.  Army Regulation 635-5 (Separation Documents) in effect at the time prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It states for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered in block 12c; 

	b.  item 13, list awards and decorations for all periods of service; and

	c.  item 18, for an active duty Soldier deployed with his or her unit, an entry of "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" is to be included.
7.  Army Regulation 600-8-22 (Military Awards) states:

	a.  A bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, including the Army Commendation Medal.

	b.  The Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The period of eligibility is on or after 11 September 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  A bronze service star is authorized for wear with this medal for participation in each designated campaign period.  The applicant's service in Afghanistan coincides with the Consolidation I (1 December 2001-30 September 2006) campaign period.

	c.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom.  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 through 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns include the Liberation of Iraq (19 March 2003-1 May 2003) and Transition of Iraq (2 May 2003-28 June 2004).

	d.  The Global War on Terrorism Service Medal (GWOTSM) is authorized for all Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that all of her foreign service and awards be shown on her DD Form 214.

2.  The applicant was awarded two Army Commendation Medals.  

3.  DFAS records show she received HF/IDP for Afghanistan from 8 April through 
31 August 2002, which coincides with one campaign period.  She is authorized the Afghanistan Campaign Medal with one bronze service star for this service. 

4.  The applicant served in Kuwait/Iraq during two campaign periods and she is authorized the Iraq Campaign Medal with two bronze service stars  

5.  She is also authorized the Global War on Terrorism Service Medal.

6.  According to DFAS she served in Afghanistan for 4 months and 24 days and in Iraq for 4 months and 24 days.  This service equals 9 months and 18 days of foreign service.  Item 12f of her DD Form 214 should be corrected to show
0000 09 18.

7.  Item 18 of her DD Form 214 should be corrected to show the dates of her service in Afghanistan as 8 April 2002 through 31 August 2002. 

8.  In view of the foregoing findings and conclusions, it would be appropriate to rectify this error by correcting the applicant’s records as recommended below.

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 amending her DD Form 214 by:

	a.  deleting the entry in item 12f and replacing it with "00 09 18";

	b.  adding to item 13 – 

* Army Commendation Medal (2nd Award)
* Afghanistan Campaign Medal with one bronze service star
* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Service Medal

   c.  adding to item 18 the entry, "SERVICE IN AFGHANISTAN 20020408-20020831."



      _______ _   _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)                                         AR20130021064



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ABCMR Record of Proceedings (cont)                                         AR20130021064



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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