IN THE CASE OF:  	  

		BOARD DATE:  9 December 2014	  

		DOCKET NUMBER:  AR20140005154 


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:

* she had 5 months and 29 days of foreign service vice showing she had no foreign service
* the Army Commendation Medal, Certificate of Achievement, Iraq Campaign Medal, and the Foreign Service Ribbon (properly known as the Overseas Service Ribbon)
* she completed the Combat Lifesaver Course and Driver Training Course
* she served in Kuwait/Iraq from 7 January to 5 July 2003 vice just Kuwait
* the separation authority as something other than Army Regulation
635-200 (Personnel Separations - Enlisted Personnel), chapter 7, section V
* the separation code as something other than JDA
* the reentry (RE) code as something other than 3
* the narrative reason for separation as something other than fraudulent entry

2.  The applicant also requests reimbursement of monies owed her by the Defense Finance and Accounting Service (DFAS) for 38 and 1/2 hours (i.e., days) of accrued leave, meal deductions of $217, debt collection of $444.74, and $300 she paid into her savings bond account.

3.  The applicant, in effect, states:

	a.  On 18 November 2014, she received a document from the National Personnel Records Center (NPRC) that described a request for correction of her military records.  After she reviewed her DD Form 214, it was evident that egregious errors appear to have been made by the unit administration.

	b.  Her DD Form 214 does not account for her 5 months and 29 days of her foreign service and does not show the awards stated above.  It also does not show that she served in Iraq and only shows her service in Kuwait.  Her Enlisted Record Brief (ERB) would show the Combat Lifesaver Course and Driver Training Course; however, she is not providing her ERB.

	c.  The separation authority, separation code, and narrative reason for separation should be changed because she did not violate any Army regulations regarding her enlistment.  She is providing documents that clearly show she gave custodial rights of her children to her parents prior to her enlistment and she had no intention of regaining custody before completing her enlistment.  She signed a document that stated she clearly understood the consequences of violating the action.  

	d.  She did seek custody of her children after her parents became medically incapable of caring for them.  She was also encouraged by the company commander and first sergeant (1SG) of the 89th Transportation Company, Fort Eustis, VA, to complete a family care plan.  This was in anticipation that she would be getting a letter of retention and custody of her children.

	e.  Her DD Form 214 shows she was not entitled to involuntary separation pay; however, DFAS took all 35 days of her accrued leave.  DFAS also took monies for meal deductions and an unknown debt; however, she was not receiving basic allowance for housing (BAH).  She had paid $300 into a $500 savings bond account and she was not reimbursed the money when she was discharged.  

	f.  She hopes the appropriate corrections will be made to her DD Form 214 and any monies deemed payable to her would be retroactive.  The corrections would allow her the opportunity to receive her Post 9-11 education benefits.  She was denied the Montgomery G.I. Bill benefits that she paid into and was also denied unemployment benefits.

4.  The applicant provides:

* her DD Form 214
* two court orders, dated 28 February 2001 and 5 February 2002
* DA Form 3286-69 (Statement of Understanding – for Persons Having Dependents in the Custody of Another), dated 1 March 2001
* three medical statements, dated between 23 January 2002 and 23 October 2003
* DA Form 5840 (Certificate of Acceptance as Guardian or Escort), 
* DA Form 638 (Recommendation for Award)
* two certificates, one undated and one dated 3 July 2003
* a memorandum, dated 22 October 2003
* 1 page titled Family Care Plan, undated
* a DFAS Military Leave and Earnings Statement (LES) for the period 1 to 31 December 2003
* an NPRC printout titled Service Request All Details, dated 18 November 2014

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.  With respect to the applicant's request for correction of her DD Form 214 to change the separation authority, separation code, narrative reason for separation, and related reentry code, her application to the ABCMR is premature: 

	a.  Paragraph 2-5, Section II, Army Regulation 15-185, the regulation under which this Board operates, states that the Board will not consider any application if it determines that the applicant has not exhausted all administrative remedies available.  There is no evidence that shows she petitioned the Army Discharge Review Board (ADRB) for these corrections and was denied relief. 

	b.  The applicant is advised she may submit a DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) to the ADRB, 251 18th Street South, Suite 385, Arlington, VA 22202 with supporting documentation.  This form is available at http://arba.army.penatgon.mil. Therefore, this portion of her request will not be addressed further in this Record of Proceedings (ROP).

3.  With respect to the applicant's request for reimbursement of monies she contends she is owed by DFAS from over 10 years ago:

	a.  Other than one LES, the applicant has not provided sufficient explanation or evidence related to this issue.  She has not provided details pertaining to this money or correspondence with/from DFAS showing she requested reimbursement for specific debts and/or deductions and was denied relief.  

	b.  The ABCMR is not an investigative body and can only decide cases on the evidence of record or evidence provided by an applicant.  Without sufficient explanation of the facts and circumstances surrounding this issue, it is impractical for the Board to address it.  Therefore, this portion of her request will also not be addressed further in this ROP.

4.  The applicant enlisted in the Regular Army on 8 March 2001 for a period of 4 years and she held military occupational specialty 88M (Motor Transport Operator).  She was subsequently assigned to the 89th Transportation Company, 6th Transportation Battalion, Fort Eustis, VA.  

5.  She served in Kuwait/Iraq from on or about 7 January to 5 July 2003 as a member of her assigned unit.

6.  She provides a:

	a.  DA Form 638, dated 3 July 2003, wherein it shows that on 9 May 2003 her 1SG recommended her for award of the Army Commendation Medal for the period 15 January to 31 May 2003.  He stated her exceptional driving skills, initiative, and attention to detail were paramount during Operation Enduring Freedom and Operation Iraqi Freedom (OIF).  She accumulated in excess of 10,000 driving miles while supporting the 1st Marine Expeditionary Force, 3rd Infantry Division, and the 101st Airborne Division which was essential for its combat forces movement forward to its tactical fighting positions throughout Iraq. On 3 July 2003, the approving authority approved the award,

	b.  Permanent Orders (PO) Number 184-315, dated 3 July 2003, issued by Headquarters (HQ), 7th Transportation Group, awarded her the Army Commendation Medal for exceptionally meritorious achievement during OIF from 15 January to 31 May 2003.

	c.  A Certificate of Achievement, undated, wherein it shows the Commander, 6th Transportation Battalion, awarded her the certificate for outstanding patriotism during OIF.  This certificate shows it was given at Camp Cedar, Iraq.

7.  She was honorably discharged from active duty on 24 December 2003.  The DD Form 214 she was issued shows the following entries:

* item 12f (Foreign Service) - 0000-00-00
* item 13 (Decorations, Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized) - National Defense Service Medal, Army Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar
(M-16)
* item 14 (Military Education) - Motor Transport Operator Course, 6 weeks, 2001
* item 18 (Remarks) - Served in Kuwait from 7 January 2003 to 5 July 2003 (or 5 months and 29 days)

8.  Her ERB is not available for review with this case.

9.  The applicant subsequently enlisted in the Georgia Army National Guard (GAARNG) on 29 September 2006.  She was honorably discharged from the GAARNG on 28 September 2012.  Item 12 (Military Education) of the National Guard Bureau (NGB) Form 22 she was issued shows the Combat Lifesavers Course - 1 week - August 2009.

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

	a.  Global War on Terrorism Service Medal 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 Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined are authorized the Global War on Terrorism Service Medal.

	b.  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.  

	c.  Iraq Campaign Medal is awarded to members who served in direct support of OIF.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to 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.  Credited campaigns, in part, are the Liberation of Iraq campaign from 18 March to 1 May 2003 and the Transition of Iraq campaign from 2 May 2003 and 28 June 2004.

	d.  Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.

	e.  According to the Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 continuous months in Iraq or Afghanistan receive credit for a completed short tour.

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. 

	a.  It established standardized policy for the preparation of the DD Form 214.  It stated the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

	b.  List awards and decorations on the DD Form 214 in the priority sequence specified in Army Regulation 600-8-22.  Army Regulation 600-8-22 gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed on the DD Form 214.

	c.  In item 14 list the formal in-service (full-time attendance) training courses successfully completed during the period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant had 5 months and 29 days of foreign service and served in Kuwait and Iraq from 7 January to 5 July 2003.  She received an award certificate while at Camp Cedar, Iraq and both her commander and platoon leader stated she served with the unit in Iraq.  Therefore, she is entitled to correction of her DD Form 214 to show her foreign service in Kuwait/Iraq and the amount of this foreign service.

2.  PO awarded her the Army Commendation Medal which is not shown on her DD Form 214; therefore, she is entitled to correction of her DD Form 214 to show this award.

3.  Although the specific dates of her service in Iraq are not known, her award recommendation shows she accumulated over 10,000 miles supporting the 1st Marine Expeditionary Force, 3rd Infantry Division, and 101st Airborne Division's movement into Iraq which commenced on 19 March 2003.  It is reasonable to presume that she served in Iraq for at least 30 consecutive or 60 nonconsecutive days between 19 March 2003 and 5 July 2003 and participated in two campaigns.  Therefore, it would be appropriate to correct her DD Form 214 to show the Iraq Campaign Medal with two bronze service stars.

4.  She served during a qualifying period for award of the Global War on Terrorism Service Medal and she served in Kuwait during a qualifying period for award of the Global War on Terrorism Expeditionary Medal (from 7 January 2003 to on or about 19 March 2003).  Therefore, she is entitled to correction of her DD Form 214 to show these awards.

5.  With respect to the Overseas Service Ribbon, entitlement to this ribbon requires a minimum of 9 months of service in Iraq.  As she had less then 4 months of service in Iraq between 19 March and 5 July 2003, she did not serve during a qualifying period for entitlement to this ribbon.

6.  With respect to the Certificate of Achievement, commanders may recognize acts, achievements, or periods of service which do not meet the standards required for decorations by issuing a certificate of achievement of local design.  However, there are no provisions to list certificates on the DD Form 214.  

7.  With respect to the Driver Training Course, her DD Form 214 already reflects the Motor Transport Operator Course which would have included driver training.  She provides no evidence of a separate Driver Training Course she may have attended.  

8.  With respect to Combat Lifesaver Course, the DD Form 214 reflects conditions at the time of discharge.  She has not provided any evidence that shows she completed the Combat Lifesaver Course while serving in the RA Therefore, there is an insufficient evidentiary basis for granting this portion of the requested 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 amending her DD Form 214 as follows

* deleting from item 12f the current entry and replacing it with the entry "0000-05-29"
* adding to item 13 the:

* Army Commendation Medal
* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal

* deleting from item 18 the entry "Service in Kuwait from 7 January 2003 to 5 July 2003" and replacing it with the entry "Service in Kuwait/Iraq from 7 January 2003 to 5 July 2003"

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 Certificate of Achievement, Overseas Service Ribbon, Combat Lifesaver Course, and the Driver Training Course.



      _______ _   _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)                                         AR20140005154



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ABCMR Record of Proceedings (cont)                                         AR20140005154



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