IN THE CASE OF:	  

		BOARD DATE:	  13 January 2015

		DOCKET NUMBER:  AR20140009275 


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 the Iraq Campaign Medal and/or Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, and the Army Service Ribbon.

2.  The applicant states she believes the awards were not shown on her DD Form 214 due to a clerical error.  Upon reviewing her DD Form 214, she noticed the awards were missing.

3.  The applicant provides copies of the following:

* Enlisted Record Brief (ERB)
* Orders Number 095-701
* Certificate of Achievement
* DD Form 214 (two copies)

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the Regular Army on 10 October 2003.  She completed basic combat and advanced individual training and was awarded military occupational specialty 92G (food service operator).  

3.  She provided copies of the following:

* her ERB, which lists no deployment combat duty and lists his award of the National Defense Service Medal
* Headquarters, 10th Mountain Division (Light Infantry) Orders Number   095-701, issued on 5 April 2006, which ordered her deployment to Iraq in support of Operation Iraqi Freedom (OIF) for 365 days or until mission completion, with a report date of on or about 13 April 2006
* Certificate of Achievement, issued for her outstanding achievement during OIF at Camp Liberty in Iraq from 12 April through 11 August 2006

4.  She was released from active duty in pay grade E-4 on 16 November 2006 and she was transferred to the U.S. Army Reserve Control Group (Reinforcement).  She was credited with completing 3 years and 17 days of active service.  Her DD Form 214 lists in:

* Item 12f (Foreign Service) – zero credit
* Item 13 (Awards, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – National Defense Service Medal
* Item 18 (Remarks) – no service in Iraq

5.  On 31 December 2014, a staff member of the Defense Finance and Accounting Service verified that the applicant received hostile fire and imminent danger pay for service in Kuwait from 14 April 2006 through 24 July 2006.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The regulation stated:

* Item 12f shows credit for all foreign service completed during the period covered by the DD Form 214
* Item 13 shows all awards for all periods of service
* Item 18 - for active duty Soldiers deployed with his/her unit during their continuous period of active duty, will show the entry, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"

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

   a.  The Iraq Campaign Medal is authorized for service in direct support of OIF from on or after 19 March 2003 to 31 December 2011.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to the Iraq Campaign Medal and Global War on Terrorism Service Medal for the same act, achievement or period of service.  Campaign participation included the National Resolution campaign for the period 16 December 2005 through 9 January 2007.

   b.  The Global War on Terrorism Expeditionary Medal is awarded to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September, 2001 to a date to be determined for 30 consecutive days or 60 nonconsecutive days in the area of eligibility in direct support of Operation Enduring Freedom and/or OIF.

   c.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility defined in 2–18g above, on or after 11 September 2001 to a future date to be determined. 

   d.  The Army Service Ribbon is awarded to members of the U.S. Army for successful completion of initial entry training.  
   
   e.  Bronze service stars are worn on campaign and service medals to denote participation in a named campaign.

DISCUSSION AND CONCLUSIONS:

1.  With regard to award of the Iraq Campaign Medal, the applicant completed a qualifying period of service for award of the Iraq Campaign Medal with one bronze service star.  Therefore, she is entitled to correction of her DD Form 214 to show this award.
2.  She served in Kuwait/Iraq from 12 April through 24 July 2006, a period of 3 months and 12 days.  Therefore, she is entitled to correction of item 18 of his DD Form 214 to show this service.  Based on this correction, item 12f of this DD Form 214 should be corrected to show a credit of 3 months and 12 days of foreign service for this period.  

3.  With regard to award of the Global War on Terrorism Service Medal, the evidence shows she completed a qualifying period of service for this award.  Therefore, she is entitled to correction of his DD Form 214 to show this award.

4.  With regard to award of the Army Service Ribbon, she successfully completed her initial entry training.  Therefore, she is entitled to correction of his DD Form 214 to show this award.

5.  With regard to award of the Global War on Terrorism Expeditionary Medal, in view of his request for award of the Iraq Campaign Medal, she is not entitled to this award for this same period of service.  No service member will be entitled to both medals for the same act, achievement, or period of service.  Therefore, she is not entitled to 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:

* deleting from item 12f of his DD Form 214 the entry, "0000-00-00" and replacing it with the entry, "0000-03-12"
* adding to item 18 of his DD Form 214 the entry, "Service in Kuwait/Iraq:  20060412-20060724"
* adding to his DD Form 214 the:

* Iraq Campaign Medal with one bronze service star
* Global War on Terrorism Service Medal
* Army Service Ribbon

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 award of the Global War on Terrorism Expeditionary Medal and its addition to his 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)                                         AR20140009275





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ABCMR Record of Proceedings (cont)                                         AR20140009275



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