IN THE CASE OF:	  

		BOARD DATE:	  30 June 2015

		DOCKET NUMBER:  AR20140019037 


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 service in Iraq from 29 October 2003 to 27 February 2004. 

2.  The applicant states:

* she deployed to Iraq in support of Operations Enduring Freedom and Iraqi Freedom (OEF/OIF) from 29 October 2003 to 27 February 2004 
* she was under the impression that the Global War on Terrorism Service Medal she received was indicative of her service during OEF/OIF
* she was denied civil service veteran's preference due to the omission of her service in Iraq

3.  The applicant provides:

* DD Form 214
* Permanent Orders (PO) 268-014
* Request for Leave and Earnings Statements (LES)
* LES from October 2003 to March 2004
* A statement from her former roommate in theater

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's record shows she enlisted in the Regular Army (RA) on 22 January 1997 and she was trained in, awarded, and held military occupational specialty 63J (Chemical Equipment Repairer). 

3.  She served through multiple reenlistments in a variety of assignments and she was promoted to sergeant (SGT)/E-5.  Her DA Form 2-1 (Personnel Qualification Record) shows she served in:

* Germany, from 24 June 1997 to 3 January 2000 (2 years, 6 months, and 10 days)
* Hungary, from 12 February 1998 to 9 May 1998

4.  Following her overseas service in Germany, she was reassigned to the 296th Brigade Support Battalion, 3rd Brigade, 2nd Infantry Division, Fort Lewis, WA.  While there, Headquarters, 22nd Personnel Service Battalion published: 

* PO Number 008-011, on 8 January 2001, awarding her the Army Good Conduct Medal (1st Award) for service from 16 January 1997 through 15 January 2000
* PO Number 161-142, on 10 June 2003, awarding her the Army Good Conduct Medal (2nd Award) for service from 22 January 2000 through 21 January 2003

5.  On 25 September 2003, Headquarters, I Corps, Fort Lewis, published orders ordering the 296th Brigade Support Battalion, 3rd Brigade, to deploy in a temporary change of station status from Fort Lewis to Iraq in support of OEF, beginning on or about 30 October 2003.

6.  On 5 April 2004, while at Fort Lewis, her immediate commander recommended her for separation under the provisions of paragraph 5-8 of Amy Regulation 635-200 (Personnel Separations – Enlisted Personnel) due to an inadequate family care plan. The separation authority approved her separation on 14 April 2004.

7.  She was honorably discharged from active duty in the rank/grade of SGT/E-5 on 9 June 2004.  She completed 7 years, 4 months, and 18 days of net active service this period with no lost time.  Her DD Form 214 shows in:

* Item 12f (Foreign Service) – 2 years, 6 months, and 10 days of foreign service
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Army Achievement Medal, National Defense Service Medal, Global War on Terrorism Service Medal, NCO Professional Development Ribbon, Army Service Ribbon, Army Good Conduct Medal, NATO Medal, and Overseas Service Medal
* Item 18 (Remarks) no entry indicating service in a hostile file pay/imminent danger pay (HFP/IDP) or combat zone tax exclusion (CZTE)

8.  The Defense Finance and Accounting Service confirmed by email, dated 18 November 2004, that the applicant received HF/IDP and CZTE from 12 November 2003 to 27 February 2004 for service in Kuwait. 

9.  She provides her LES for the period October 2003 to March 2004:

* Her October and November 2003 LES do not show authorization for HFP/IDP
* Her December 2003 LES shows she was authorized HFP/IDP at the rate of $450, retroactive to an unknown date
* Her January and February 2004 LES show she was authorized HFP/IDP at the rate of $225 per month
* Her March 2004 LES shows she was authorized HFP/IDP at the rate of $225 for the month 

10.  She provides a statement, dated 12 June 2015 from an individual who states she deployed with the S-1 of the 296th Brigade Support battalion, 1st Striker Brigade in support of OEF/OIF in November 2003.  She served alongside the applicant.  They were roommates during their stay at Camp Pacesetter (Samara, Iraq) and at Forward Operating Base Marez.  

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states for:

* block 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* block 13, enter all awards, decorations, and badges
* block 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  YYYYMMDD - YYYYMMDD"

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

	a.  The Global War on Terrorism Expeditionary Medal is authorized for award to members 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.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria including:  (1) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE; or (2) is killed, wounded, or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time. 

	b.  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 both medals for the same act, achievement or period of service.

	c.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant served on active duty from 22 January 1997 to 9 June 2004. During this period, she was stationed in Germany from 24 June 1997 to 3 January 2000, a period of 2 years, 6 months, and 10 days.  During her service in Germany, she served in Hungary from 12 February 1998 to 9 May 1998.  This period is considered a deployment and should be entered in item 18 of her DD Form 214. 

2.  Upon completion of her Germany tour, she was assigned to Fort Lewis, WA.  During her service at Fort Lewis, she deployed in support of OIF/OIF.  She provides LES from October 2003 to March 2004 and DFAS confirmed she received HFP/IDP from 12 November 2003 to 27 February 2004, a period of 3 months and 16 days.  Therefore, she is entitled to correction of item 12f of her DD Form 214 to add this foreign service for a total of 2 years, 9 months, and 26 days. 

3.  DFAS shows the applicant received HFP/IDP from 12 November 2003 to 27 February 2004, for service in Kuwait.  A witness statement, provided by the applicant, states the author and applicant were roommates during their stay at Camp Pacesetter (Samara, Iraq) and at Forward Operating Base Marez.   She is entitled to correction of item 18 of her DD Form 214 to show this period of service in Kuwait/Iraq. 

4.  Based on her service in Kuwait/Iraq in support of OEF/OIF from 12 November 2003 to 27 February 2004, she is entitled to award of the Global War on Terrorism Expeditionary Medal and correction of her DD Form 214 to show this award. 

5.  PO awarded her two awards of the Army Good Conduct Medal.  Her DD Form 214 reflects only one award.  Therefore, she is also entitled to correction of her DD Form 214 to show both 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 the entry "0002-06-10" and adding the entry "0002-09-27"
* deleting from item 13 the Army Good Conduct Medal and adding the Army Good Conduct Medal (2nd Award) and the Global War on Terrorism Expeditionary Medal 
* adding to item 18 the entries "Service in Hungary 19980212-19980509" and "Service in Kuwait/Iraq 20031112-20040227"



      _______ _   __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)                                         AR20140019037





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ABCMR Record of Proceedings (cont)                                         AR20140019037



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