IN THE CASE OF:	  

		BOARD DATE:	  28 July 2015

		DOCKET NUMBER:  AR20140019947


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), for the period ending 20 December 2003, to show her foreign service in Iraq and associated awards.

2.  The applicant states she served in Iraq for 6 months; however, her DD Form 214 does not show this service. 

3.  The applicant provides two copies of her DD Form 214 for the period ending 20 December 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.  The applicant enlisted in the Regular Army on 12 January 2000.  Following the completion of her initial entry training, she was awarded military occupational specialty 77F (Petroleum Supply Specialist).

3.  She was assigned to subordinate elements of the 3rd Infantry Division at Fort Stewart and Hunter Army Airfield, Savannah, Georgia. 

4.  She was honorably released from active duty on 20 December 2003, at the completion of her required period of active service, after completing 3 years,     11 months, and 9 days of net active service this period.

   a. Item 12f (Record of Service – Foreign Service) of her DD Form 214 does not credit her with any foreign service.

   b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214 shows she was awarded or authorized the National Defense Service Medal, the Army Service Ribbon, and the Army Lapel Button during her period of active service.

   c. Item 18 (Remarks) of her DD Form 214 is void of any entry related to foreign service in Iraq.

5.  Her record is void of a commander's disqualification statement or any other derogatory information such as a court-martial, nonjudicial punishment, lost time, or suspension of favorable personnel actions which would have disqualified her from receiving her first award of the Army Good Conduct Medal at the conclusion of her initial period of active service.

6.  According to Defense Finance and Accounting Service (DFAS) records, she did not receive hostile fire/imminent danger pay and/or a combat zone tax exclusion, for any foreign service location authorized this entitlement, at any time during her period of military service.

7.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat and special skill badges  unit decorations, and similar devices awarded in recognition of accomplishments.

	a.  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 Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.

   b.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
   
8.  Army Regulation 635-5 (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.  Chapter 2 contained guidance on the preparation of the DD Form 214.  It states that for item 18, in the case of an active duty Soldier who deployed with his or her unit during their continuous period of active service, the preparer should enter the statement "Service in (Name of Country Deployed) from (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of her DD Form 214, to show her foreign service in Iraq and associated awards, was carefully considered.

2.  The Global War on Terrorism Service Medal is not shown on her DD Form 214.  She served a qualifying period of service for this award; therefore, her DD form 214 should be corrected to show the Global War on Terrorism Service Medal.  

3.  She served honorably on active duty during the period 12 January 2000 through 20 December 2003.  Her record contains no derogatory information or evidence that shows she was denied award of the AGCM; therefore, it would be appropriate to award her the first award of the AGCM and to correct her DD Form 214 to show this award.

4.  Her record does not contain any evidence that supports her contention that she deployed to Iraq.  Additionally, DFAS records do not confirm her deployment to Iraq.  Therefore, absent further documentation that establishes her deployment and the dates of her service in Iraq, there is an insufficient basis to correct her DD Form 214 to show foreign service in Iraq or any awards associated with 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.  awarding her the Army Good Conduct Medal (1st Award) for the period
12 January 2000 through 20 December 2003; and

	b.  amending her DD Form 214 by adding the Army Good Conduct Medal and the Global War on Terrorism Service Medal.

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 correcting her DD Form 214 to show foreign service in Iraq or any awards associated with such foreign service.



      _______ _   _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)                                         AR20100014579



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ABCMR Record of Proceedings (cont)                                         AR20140019947



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