IN THE CASE OF:  	  

		BOARD DATE:  4 December 2014	  

		DOCKET NUMBER:  AR20140005874 


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 deployment to Iraq and any awards and decorations to which she may be entitled for her service in Iraq.

2.  The applicant states:

* she served in Iraq from December 2003 to December 2004
* her DD Form 214 does not show her combat service, overseas service, or awards and medals

3.  The applicant provides:

* deployment orders to Iraq
* certificate of recognition
* 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 12 September 2000 and trained as a Counter-Intelligence Agent.

3.  She provided U.S. Army Garrison, Fort George G. Meade, Orders 348-37, dated 14 December 2003, which directed her deployment in support of Operation Iraqi Freedom on 28 December 2003 with duty in Iraq.

4.  She also provided a certificate of recognition from the 187th Infantry Division, dated 6 June 2004, which states she is authorized to wear the 187th Infantry Division shoulder sleeve insignia-former wartime service for her meritorious service in Task Force Danger during Operation Iraqi Freedom.

5.  On 11 September 2005, she was honorably released from active duty.

6.  Her DD Form 214 shows she was awarded or authorized the:

* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Global War on Terrorism Service Medal

7.  Item 12f (Foreign Service) of her DD Form 214 does not show any foreign service.  Item 18 (Remarks) of her DD Form 214 does not show any deployments.

8.  The Defense Finance and Accounting Service (DFAS) confirmed she received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait from 13 January 2004 through 22 December 2004 (a total of 11 months and 10 days).

9.  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.  It established standardized policy for preparation of the DD Form 214.  The regulation provided that for:

* item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) from the Soldier's record
* item 18 for an active duty Soldier deployed 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)"

10.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members of the Armed Forces of the United States who served in direct support of Operation Iraqi Freedom.  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 2010-31 December 2011)

11.  Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours.

12.  According to the U.S. Army Human Resources Command Awards Branch, 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.

DISCUSSION AND CONCLUSIONS:

1.  The certificate of recognition she provided shows she was awarded the shoulder sleeve insignia-former wartime service for her service during Operation Iraqi Freedom and is accepted as sufficient evidence verifying her service in Iraq.  Additionally, DFAS confirms she received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait during the period 13 January 2004 to 22 December 2004.  This evidence is sufficient to show she served in Kuwait/Iraq during this period.  Therefore, item 18 of her DD Form 214 should be corrected to show she served in Kuwait/Iraq from 13 January 2004 to 22 December 2004.  In addition, item 12f of her DD Form 214 should be corrected to show she completed 11 months and 10 days of foreign service.

2.  Based on her service in Kuwait/Iraq and participation in two campaigns, she is authorized award of the Iraq Campaign Medal with two bronze service stars.  Therefore, her DD Form 214 should be corrected to show award of this medal.

3.  Since she served 9 continuous months in Iraq, she is eligible for award of the Overseas Service Ribbon.  Therefore, her DD Form 214 should be corrected to show this ribbon.

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:

	a.  adding award of the Iraq Campaign Medal with two bronze service stars and Overseas Service Ribbon to her DD Form 214,

	b.  deleting the current entry in item 12f of her DD Form 214 and replacing it with the entry "0000  11  10," and

	c.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20040113-20041222" to item 18 of her DD Form 214.



      __________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)                                         AR20140005874



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ABCMR Record of Proceedings (cont)                                         AR20140005874



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