IN THE CASE OF:	  

		BOARD DATE:	  11 December 2014

		DOCKET NUMBER:  AR20140003422 


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 in:

* item 12f (Foreign Service) she completed 6 months and 28 days of foreign service
* item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Iraq Campaign Medal (ICM) with bronze service star and Army Commendation Medal (ARCOM)

2.  The applicant states her record is in error because she served in Iraq and she was approved for award of the ARCOM.

3.  The applicant provides her DD Form 214, DA Form 638 (Recommendation for Award) dated 7 July 2006, deployment documents, and military assignment orders.

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 23 September 2005.  She was honorably discharged on 25 August 2008 after completing 2 years, 11 months, and 3 days of net active duty service.  Her DD Form 214 shows in:

* Item 12f, the entry "0000 00 00" indicating no foreign service
* Item 13, the National Defense Service Medal, Global War on Terrorism Service Medal, and Army Service Ribbon 
* Item 18, no deployment remarks

3.  She provides a DA Form 638 showing she was awarded the ARCOM for meritorious service while deployed in support of Operation Iraqi Freedom (OIF) for the period 1 April to 29 November 2006 while assigned to Company C, 204th Support Battalion in Iraq.

4.  Permanent Orders 192-34, issued by the U.S. Army Human Resources Command, dated 10 July 2008, awarded Company C, 204th Support Battalion, the Meritorious Unit Commendation (MUC) for the period 29 November 2005 to
8 November 2006.

5.  A query of her Master Military Pay Account (MMPA) maintained by the Defense Finance and Accounting Service (DFAS) revealed she received hostile fire (HF)/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait for the period 19 April to 8 November 2006.

6.  Her record is void of any disciplinary action or other evidence showing she was disqualified by her chain of command for the first award of the Army Good Conduct Medal (AGCM).

7.  Army Regulation 600-8-22 (Military Awards) states:

	a.  the AGCM 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 AGCM, disqualification must be justified.

	b.  the ICM is awarded to members who have 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 ICM 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.  During her service in Iraq, the applicant participated in the National Resolution Campaign (16 December 2005 to 9 January 2007).

8.  Army Regulation 635-5 (Separation Documents) at the time stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It is important that information entered on the form be complete and accurate.  Chapter 2 contains guidance for preparation of the DD Form 214.  It states for:

	a.  item 12f, enter the total amount of foreign service completed during his or her continuous period of active service; and

	b.  item 18 for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded her the ARCOM for meritorious service while deployed to Iraq for the period 1 April to 29 November 2006.

2.  Her record is void of orders awarding her the AGCM.  A review of her military service record did not reveal any disciplinary action or a commander's disqualification for award of the AGCM during her active duty enlisted service.  Therefore, she should be awarded the AGCM (1st Award) for the period 
23 September 2005 through 25 August 2008 and this award should be added to her DD Form 214.

3.  Although the documents contained in her records show slightly different periods of service in Kuwait/Iraq, the dates confirmed by DFAS are considered the most accurate because she received HF/IDP based on dates reported by her unit.  Her DFAS records show she received HF/IDP from 19 April to 8 November 2006 (a period of 6 months and 20 days) which is a qualifying period for award of the ICM.  Additionally, she participated in one campaign during this period of service.  Therefore, she is entitled to award of one bronze service star with the ICM.

4.  General orders awarded her unit the MUC during her period of assignment.
5.  The available evidence is sufficient to correct item 12f of her DD Form 214 to show completion of 6 months and 20 days of foreign service and to correct item 18 to show she served in Kuwait/Iraq from 19 April to 8 November 2006.

6.  In view of the above, her DD Form 214 should be corrected 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 that the evidence presented was 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: 

	a.  awarding her the AGCM (1st Award) for the period 23 September 2005 to 
25 August 2008;

	b.  deleting from item 12f of her DD Form 214 the current entry and replacing it with the entry 0000  06  20;

	c.  adding to item 13 of her DD Form 214 the:

* AGCM (1st Award)
* ARCOM
* MUC
* ICM with one bronze service star








	d.  adding to item 18 of her DD Form 214  the statement "SERVICE IN KUWAIT/IRAQ FROM 20060419 – 20061108."



      _______ _   _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)                                         AR20140003422





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ABCMR Record of Proceedings (cont)                                         AR20140003422



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