BOARD DATE:	  21 October 2014

		DOCKET NUMBER:  AR20140004627 


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, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her foreign service in:

* Kuwait for 1 month
* Iraq for 1 week
* Iraq for an additional 4 months

2.  The applicant states she deployed to Kuwait for a month and then to Iraq for a week.  She was injured, was sent home for awhile, and then she went back to Iraq for 4 months.  However, her DD Form 214 does not show this.

3.  The applicant provides 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 16 October 2001 and held military occupational specialty 92Y (Unit Supply Specialist).  On 23 March 2002, she was assigned to the 27th Main Support Battalion of the 1st Cavalry Division, at Fort Hood, TX.  On 1 May 2003, she was promoted to the rank/grade of specialist (SPC)/E-4.

3.  She was honorably released from active duty on 15 August 2005 in the rank of SPC and transferred to the U.S. Army Reserve (USAR).  She completed 3 years and 10 months of creditable active service with no lost time.  The DD Form 214 she was issued shows in:

	a.  Item 12f (Foreign Service) the entry "0000--00--00."

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Army Lapel Button

	c.  Item 18 (Remarks) is void of an entry that shows she had any foreign service. 

	d.  Item 27 (Reentry (RE) Code) of her DD Form 214 contains the entry
"RE-1."  

4.  On 1 April 2014, by email, a Defense Finance and Accounting Service (DFAS) official verified she received hostile fire (HF)/imminent danger pay (IDP) for service in:

* Iraq from 1 March to 8 April 2004 (39 days)
* Kuwait from 18 July through 23 August 2004 (38 days)

5.  Her record does not contain orders for the Army Good Conduct Medal.  Nor does it contain a commander's disqualification [for initial award] or a record of a court-martial conviction or other adverse action that would disqualify her for award of the Army Good Conduct Medal.  


6.  Army Regulation 600-8-22 (Military Awards) states:
	
	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.  In instances of disqualification for the Army Good Conduct Medal as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision.  This statement will include the period of disqualification and will be referred to the individual concerned for response.  The unit commander will consider the affected individual’s statement.  If the commander’s decision remains the same, the commander will forward his or her statement, the individual’s statement, and his or her consideration for permanent filing in the individual’s Official Military Personnel File.

	c.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 31 December 2011.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  A review of her record shows she participated in one campaign during her service in Iraq.

	d.  The Global War on Terrorism Expeditionary Medal 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.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE.

DISCUSSION AND CONCLUSIONS:

1.  A DFAS official confirmed she received HF/IDP for service in Iraq from 1 March to 8 April 2004 (39 days) and in Kuwait from 18 July through 23 August 2004 (38 days), which totals 2 months and 17 days of foreign service.  Therefore, she is entitled to correction of her DD Form 214 to show this foreign service.
2.  The evidence of record shows she served honorably during the period 16 October 2001 to 15 August 2005.  She served in Iraq and Kuwait and her record is void of any derogatory information or a commander's disqualification that would have disqualified her from receiving her first award of the Army Good Conduct Medal.  Her RE Code of 1 and transfer to the USAR indicates she was fully eligible to reenlist at the time of her release from active duty.  Therefore, it would be appropriate to award her the Army Good Conduct Medal (1st Award) based on her completion of a qualifying period of Federal military service.  Additionally, her  DD Form 214 should be corrected to show this award.

3.  She served in Iraq and participated in one campaign during a qualifying period for entitlement to the Iraq Campaign Medal with one bronze service star.  Therefore, she is entitled to correction of her DD Form 214 to show this award.

4.  She served in Kuwait during a qualifying period for entitlement to the Global War on Terrorism Expeditionary Medal.  Therefore, she is entitled to correction of her DD Form 214 to show accordingly. 

5.  With respect to showing she served in Kuwait for 1 month, Iraq for 1 week, and Iraq for an additional 4 months, DFAS was only able to verify her service in Iraq for 39 days and in Kuwait for 38 days and she has not provided any evidence to support any additional foreign service.  Therefore, she is not entitled to full relief. 

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:

* awarding her the Army Good Conduct Medal (1st Award) for the period 16 October 2001 through 15 October 2004
* deleting from item 12f of her DD Form 214 the current entry and replacing it with the entry "0000--02--17"
* adding to item 13 of her DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Iraq Campaign Medal with one bronze service star
* Global War on Terrorism Expeditionary Medal

* adding to item 18 of her DD Form 214 the entries: 

* SERVICE IN IRAQ FROM 20040301-20040408
* SERVICE IN KUWAIT FROM 20040718-20040823

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 any additional foreign service in Iraq or Kuwait.



      _______ _   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)                                         AR20140004627





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ABCMR Record of Proceedings (cont)                                         AR20140004627



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