IN THE CASE OF:	

		BOARD DATE:	  20 August 2015

		DOCKET NUMBER:  AR20150000413 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her service in Iraq for a period of 4 months and 10 days.

2.  The applicant states she deserves credit for her overseas deployment.

3.  The applicant provides:

* Orders 029-11
* a manifest
* 2 memoranda

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 8 November 2000.  She completed training and she was awarded military occupational specialty 55B (Ammunition Specialist).

3.  The applicant was honorably released from active duty in the rank/grade of specialist (SPC)/E-4 on 20 December 2003, after completing 3 years, 1 month, and 13 days of active service.  Item 12f (Foreign Service) contains the entry "0000 00 00."  Item 18 (Remarks) does not indicate that she deployed overseas.  She was awarded or authorized the:

* Army Lapel Button
* National Defense Service Medal
* Army Service Ribbon

4.  Her records do not contain official orders awarding her the Army Good Conduct Medal nor do they contain any reference of disqualification for award of the Army Good Conduct Medal.

5.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed her Master Military Pay Account which shows she received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait from 27 March to 14 August 2003 (a period of 4 months and 19 days).
  
6.  The applicant provides:

   a.  Orders 029-11, issued by Headquarters, 13th Corps Support Command, Fort Hood, TX, dated 29 January 2003, which direct the applicant and those listed on the 664th Ordnance Company Main Body manifest to proceed on a Temporary Change of Station to the United States European Command Area of Responsibility in support of Operation Enduring Freedom.

   b.  Two memoranda, issued by her chain of command in Tikrit, Iraq, dated 3 August 2003, which authorize her to depart the Central Command Area of Responsibility in order to be released from active duty upon her expiration term of service no earlier than 28 August 2003. 

7.  General Orders 2010-08, issued by Headquarters, Department of the Army, dated 22 July 2010, awarded several units, including the 664th Ordnance Company the Meritorious Unit Commendation for exceptionally meritorious conduct in the performance of outstanding service for the period 2 April 2003 to 30 April 2004.

8.  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 is awarded to members who served in direct support of Operation Iraqi Freedom.  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.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns include the Transition of Iraq for the period 2 May 2003 to   28 June 2004.

	b.  The Global War on Terrorism Service Medal 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 Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers 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 the Global War on Terrorism Service Medal. 

	c.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

9.  Army Regulation 635-5 (Separation Documents), then in effect, 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:

* item 12f enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) From  YYYYMMDD - YYYYMMDD)"



DISCUSSION AND CONCLUSIONS:

1.  DFAS records indicate the applicant was deployed to Kuwait.  At the time, she would likely have been processed into the theater of operations through Kuwait, which is likely why DFAS records show she served in that country.  

2.  The DFAS information is accepted as sufficient evidence with which to amend item 12f and item 18 of the applicant's DD Form 214 to show she served in Kuwait/Iraq from 27 March to 14 August 2003 (a period of 4 months and 19 days).  Therefore, item 12f of the applicant's DD Form 214 should be corrected to show she completed 4 months and 19 days of foreign service.

3.  The evidence of record shows the applicant served on active duty from 8 November 2000 to 20 December 2003.  Therefore, she served a qualifying period for award of the Global War on Terrorism Service Medal and is entitled to correction of her records to show this award

4.  Based on her accepted dates of service in Kuwait/Iraq she is entitled to award of the Iraq Campaign Medal with one bronze service star.  Therefore, her DD Form 214 should be corrected to show this award. 

5.  Evidence shows the applicant's unit in Iraq was cited for award of the Meritorious Unit Commendation during her period of assignment.  Therefore, her DD Form 214 should be corrected to show this unit award.

6.  The applicant was promoted to SPC/E-4 and there is no record of any disciplinary action taken against her or a justification of disqualification for award of the Army Good Conduct Medal.  Based on her overall record of service it appears an administrative error occurred resulting in failure to award her the first award of the Army Good Conduct Medal at the completion of her first 3-year period of service and prior to her discharge.  Therefore, it would be appropriate at to award her the Army Good Conduct Medal (1st Award), for the period 8 November 2000 through 7 November 2003, and to correct her DD Form 214 to show this award.



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 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 8 November 2000 through 7 November 2003; and 
   
   b.  adding to item 12f of her DD Form 214 the entry "0000  4  19;"
   
   b.  adding to her DD Form 214 award of the Army Good Conduct Medal (1st Award), the Global War on Terrorism Service Medal, the Iraq Campaign Medal with one bronze service star, and the Meritorious Unit Commendation; and

   c.  adding to item 18 of her DD Form 214 the statement "SERVICE IN  KUWAIT/IRAQ FROM 20030327 - 20030814." 
 
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 item 12f of her DD Form 214 to show 4 months and 10 days of 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)                                         AR20150000413



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ABCMR Record of Proceedings (cont)                                         AR20150000413



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