IN THE CASE OF:
BOARD DATE: 24 March 2015
DOCKET NUMBER: AR20140013182
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 foreign service in Iraq.
2. The applicant states she served in Iraq from 2004 to 2005 and from 2006 to 2008. She received award of the Iraq Campaign Medal with a campaign star.
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 30 December 2003 and she was honorably released from active duty on 17 July 2008.
3. Her service record does not indicate she was deployed to Iraq in 2004.
4. Her DD Form 214 shows in:
a. Item 12f (Foreign Service), the entry "0000 00 00" indicating she did not complete any foreign service.
b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), shows she was awarded or authorized the Global War on Terrorism Service Medal and the Iraq Campaign Medal with one campaign star.
c. Item 18 (Remarks) no entry indicating she served in Kuwait or Iraq.
5. The Defense Finance and Accounting Service (DFAS) confirmed she received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 10 January 2005 to 2 January 2006 and from 16 January 2007 to 1 April 2008 (a period of 2 years, 2 months, and 9 days) for service in Kuwait.
6. Army Regulation 635-5 (Personnel Separations - 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 establishes standardized policy for the preparation of the DD Form 214. It states that for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in block 18.
7. Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon. 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 months continuous in Iraq or Afghanistan get credit for a completed short tour.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that she served in Iraq from 2004 to 2005 and from 2006 to 2008 is acknowledged; however, there is insufficient evidence to support this contention.
2. DFAS confirmed she received HF/IDP and CZTE for the period 10 January 2005 to 2 January 2006 and from 16 January 2007 to 1 April 2008 (a period of 2 years, 2 months, and 9 days) for service in Kuwait. Her service record is void of evidence and she did not provide any evidence which shows she was deployed to Iraq in 2004.
3. Her DD Form 214 shows she was awarded the Iraq Campaign Medal with one campaign star. However, there is no evidence of record showing the period of service in Iraq that was the basis for this award.
4. Therefore, it would be appropriate to amend item 12f of her DD Form 214 to show 2 years, 2 months, and 9 days of foreign service and to amend item 18 to reflect her service in Kuwait/Iraq.
5. DFAS confirmed she served two tours of duty in Kuwait between January 2005 and April 2008. Therefore, she is entitled to the Overseas Service Ribbon with Numeral 2.
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 the DD Form 214 of the individual concerned be corrected by:
a. amending item 12f to add the entry "0002 02 09";
b. amending item 13 to add the Overseas Service Ribbon with Numeral 2; and;
c. amending item 18 to add the entry "SERVICE IN KUWAIT/IRAQ FROM 20050110 TO 20060102 AND FROM 20070116 TO 20080401."
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 correction of her DD Form 214 to show she served in Iraq from 2004 to 2005.
___________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) AR20140013182
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ABCMR Record of Proceedings (cont) AR20140013182
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