IN THE CASE OF:	  

		BOARD DATE:	  10 February 2015

		DOCKET NUMBER:  AR20140010164 


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 
* additional 2 months and 3 days in item 12f (Foreign Service)
* award of the:

* Global War on Terrorism Service Medal (GWOTSM)
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Korea Defense Service Medal (KDSM)
* Overseas Service Ribbon (OSR) (2nd Award)

2.  She states she served in Iraq in support of Operation Iraqi Freedom (OIF) from 27 April to 30 June 2003.  She also states that she served a tour in Korea which qualifies her for award of the KDSM.  She adds she was involuntarily released from Iraq during OIF, and therefore, she should receive tour completion credit and the second award of the OSR.

3.  She provides:

* DD Form 214
* Tactical Personnel System, Personnel Manifest, dated 27 April 2003
* Orders 106-200, dated 16 April 2003
* Orders 161-204, dated 11 June 2003
* Orders 233-200, dated 21 August 2003
* Memorandum, Subject:  Soldier Deployment/Manifest Verification, dated 16 June 2003
* Memorandum, Subject:  In Theater Deployment Cycle (DCS) Validation, dated 16 June 2003
* Enlisted Record Brief
* DA Form 31 (Request and Authorization for Leave), dated 17 June 2003
* DA Form 4187 (Personnel Action), dated 17 June 2003
* Leave and Earnings Statements
* Social Security Card
* Kansas Driver's License
* Letter, dated 22 June 2003

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.  On 8 June 2001, the applicant enlisted in the Regular Army.  She served 
1-year in Korea.  On 30 January 2004, she was honorably released from active duty and credited with completing 2 years and 7 months of active duty service.

3.  A DA Form 4187, dated 17 June 2003, shows the applicant requested and the company commander recommended approval of her request to return to Fort Riley, KS prior to completing her deployment in Iraq.  Her request was due to the unavailability of medical diagnostic services in the theatre. 

4.  Her DD Form 214 shows in:

* Item 12f - "0001  00  00"
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* 
Army Service Ribbon
* OSR

* Item 18 (Remarks) no deployment entry

5.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire pay/imminent danger pay and combat zone tax exclusion from 28 April 2003 to 30 June 2003 (2 months and 3 days) for Iraq. 

6.  On the applicant's application to the Board she indicated that she did not have a phone number or an email address.  Therefore, she could not be contacted by the ABCMR staff to be informed that by regulation she was eligible for either the  ICM or the GWOTEM, but could not be awarded both awards for the same period of service in Iraq.  Therefore, the staff made the decision to award her the ICM with two bronze service stars in lieu of the GWOTEM.  

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Iraq Campaign Medal (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 Iraq Campaign Medal 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.  She participated in the following campaigns:
   
* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)

	b.  The GWOTEM 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.   

	c.  The GWOTSM is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the GWOTEM, Afghanistan 
Campaign Medal, or ICM.  All Soldiers serving on active duty on or after 11 September 2001 to a date to be determined, having served 30 consecutive or 60 nonconsecutive days, are authorized award of the GWOTSM

	d.  The KDSM is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	e.  The OSR is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the OSR.

8.  Army Regulation 614-30 (Assignments, Details, and Transfers) provides guidance on the establishment of tour lengths for overseas areas.  Table 3-2, Award of tour credit and adjustment of date eligible for return from overseas, Rule 6 and 8 states, in pertinent part, Soldiers who serve a minimum of 11 continuous months in a temporary change of station (TCS) status within a 24-month period in areas where the unaccompanied tour length is designated as 12 to 18 months or 9 months in a continuous TCS status in areas where the unaccompanied tour length is up to 18 months, or in isolated areas where tour lengths have not been established by Department of Defense are given tour completion credit.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of 
active duty service at the time of release from active duty, retirement, or discharge.  Paragraph 2-4, in pertinent part, states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in item 18 "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  DFAS confirmed the applicant received hostile fire pay/imminent danger pay and combat zone tax exclusion from 28 April 2003 to 30 June 2003 while assigned in Iraq.  Her service in Iraq equated to 2 months and 3 days.  Therefore, items 12f and 18 of her DD Form 214 should be corrected accordingly.


2.  Based on the applicant's service in Iraq, she is eligible for either award of the ICM with two bronze service stars or the GWOTEM.  However, regulatory guidance precludes receipt of both the ICM and GWOTEM for the same act, achievement, or period of service.  Since the applicant did not provide a phone number or an email address, the Board staff made the decision to award her the ICM with two bronze service stars in lieu of the GWOTEM.  However, if she prefers the GWOTEM instead of the ICM, she may request it upon receipt of this Record of Proceedings.

3.  The evidence of record shows she served on active duty on 11 September 2001 and for more than 30 days; therefore, she is authorized award of the GWOTSM and her DD Form 214 should be corrected to show this award.

4.  Her service in Korea entitles her to award of the KDSM and correction of her DD Form 214 to show this medal.

5.  The evidence of record shows the applicant served 12 months in Korea for which she was credited with completing a normal overseas tour and awarded the OSR.  It further shows she served 2 months and 3 days in Iraq.  Although she maintains she was involuntarily released from Iraq, the evidence shows she failed to complete the minimum requirement of 9 months in order to receive tour completion credit.  Therefore, she is not entitled to award of an OSR (2nd Award) for her service in Iraq.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  __X______  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

   a.  deleting from item 12f of her DD Form 214 the entry "0001  00  00" and replacing it with the entry  "0001  02  03";
   
   b.  adding to item 13 of her DD Form 214 the:
   
* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Service Medal 
* Korea Defense Service Medal 

   c.  adding to item 18 of her DD Form 214 the entry "SERVICE IN IRAQ FROM 20030428 - 20030630."

2.  The Board further determined that the evidence presented was 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 Global War on Terrorism Expeditionary Medal and the Overseas Service Ribbon (2nd Award).
      
      
      
      _______ _   __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)                                         AR20140010164



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ABCMR Record of Proceedings (cont)                                         AR20140010164



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