IN THE CASE OF:
BOARD DATE: 31 March 2015
DOCKET NUMBER: AR20140014047
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 dates of service for Iraq/Kuwait shown in item 18 (Remarks) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to correspond with the foreign service credit shown in item 12f (Foreign Service).
2. The applicant states, in effect, the incorrect information is listed on her DD Form 214. She did not know this until it was pointed out to her.
3. The applicant provides a copy of 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 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 April 2000 and she held military occupational specialty 92Y (Unit Supply Specialist). She was released from active duty on 21 April 2005. She was credited with completing 5 years and 12 days of active service. Her DD Form 214 lists in:
* Item 12f (Foreign Service) - 5 months
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized)
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Global War on Terrorism Service Medal
* Item 18 (Remarks) - "Service in Iraq/Kuwait From: 020205-030704" and "Served in a Designated Imminent Danger Pay Area"
3. 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 - would list credit for all foreign service completed during the period covered by the DD Form 214
* Item 18 - for active duty Soldiers deployed with his/her unit during their continuous period of active duty, would list the entry, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"
4. Army Regulation 600-8-22 (Military Awards) states:
a. The 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 the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. The service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 non-consecutive days in the area of eligibility (AOE), or meet other, specified criteria. Initial award of the Global War on Terrorism Expeditionary Medal was limited to service members deployed abroad in Operation Enduring Freedom/Operation Iraqi Freedom in designated specific geographic AOE, including Uzbekistan.
b. The Iraq Campaign Medal is awarded to members who 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 to 31 December 2011. During her service in Iraq/Kuwait, the applicant participated in the Liberation of Iraq (19 March 2003-1 May 2003) campaign.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record verified the applicant served Iraq/Kuwait from 7 February 2003 through 4 July 2003, a period of 4 months and 27 days. Therefore, items 12f and 18 of her DD Form 214 should be amended to reflect this service.
2. In addition, evidence shows that the applicants records shows she completed a qualifying period of service for award of the Global War on Terrorism Expeditionary Medal and Iraq Campaign Medal with1 bronze service star. Therefore, her DD Form 214 should be corrected to show these awards.
BOARD VOTE:
____X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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:
* deleting from item 12f of her DD Form 214 the entry, "0000-05-00" and replacing it with the entry "0000-04-27"
* deleting from item 18 of this form the entry, "Service in Iraq/Kuwait From: 020205-030704" and replacing it with the entry, "Service in Iraq/Kuwait From: 030207-030704"
* adding the Global War on Terrorism Expeditionary Medal and the Iraq Campaign Medal with 1 bronze service star to her DD Form 215
_______ _ 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) AR20140014047
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