IN THE CASE OF:	  

		BOARD DATE:	  10 September 2015

		DOCKET NUMBER:  AR20150001300 


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 deployed with her unit to Iraq in support of Operation Iraqi Freedom (OIF) from October through December 2003.  She adds that her foreign service was omitted from her DD Form 214.

3.  The applicant provides copies of her –

* deployment orders
* DD Forms 2796 (Post-Deployment Health Assessments)
* Redeployment/Post-Deployment and Reconstitution Checklist

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 5 April 2001 for a period of 
3 years.  She was awarded military occupational specialty 92G (Food Service Specialist).  She was promoted to the rank of private first class (PFC)/pay grade E-3 on 1 December 2003.

3.  The applicant's DD Form 214 shows she was honorably released from active duty on 4 April 2004, based on completion of required active service, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to completion her reserve obligation.  She had completed 3 years of total active service.  It also shows in:

   a.  item 12 (Record of Service), block f (Foreign Service):  0 years, 0 months, and 0 days;

	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

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

   c.  item 18 (Remarks), no entry that she deployed to a foreign country during this period of active service.

4.  In support of her application the applicant provides the following documents:

   a.  Headquarters, 4th Infantry Division (Mechanized), Fort Hood, TX, 
Orders 281-02, dated 8 September 2003, and accompanying Personnel Deployment Roster, that show, on or about 11 October 2003, the applicant deployed with her unit (Headquarters and Headquarters Company, 124th Signal Battalion) to the Central Command area of responsibility in support of OIF for a period of 179 days.

   b.  Two Post-Deployment Health Assessments, dated 3 December 2003 and 21 January 2004, and a Redeployment/Post-Deployment and Reconstitution Checklist, dated 21 January 2004, that show, in pertinent part, the applicant arrived in the theater of operations on 14 October 2003 and departed on 
26 December 2003.

5.  The Defense Finance and Accounting Service confirmed the applicant received hostile fire pay/imminent danger pay and combat zone tax exclusion from 11 October 2003 through 26 December 2003 for Kuwait.

6.  During the processing of this case, an ABCMR staff member contacted the applicant to determine if she desired correction of her DD Form 214 to show her authorized awards, including either the Global War on Terrorism Expeditionary Medal (GWOTEM) or the Iraq Campaign Medal (ICM) for her service in support of OIF.  The applicant confirmed that she wanted her DD Form 214 corrected to show all of her authorized awards and that she desired award of the ICM in lieu of the GWOTEM.

7.  Headquarters, Department of the Army, Washington, DC, General Orders Number 2009-11, dated 16 December 2009, awarded the Meritorious Unit Commendation to the 124th Signal Battalion for exceptionally meritorious conduct in the performance of outstanding service during the period 1 April 2003 to 31 October 2003.

8.  A review of the applicant's military personnel records failed to reveal evidence that she was awarded the Army Good Conduct Medal (AGCM).  This review also failed to reveal any adverse or derogatory information, or evidence of a commander's disqualification that would have precluded her from being recommended for or awarded the AGCM (1st Award).

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  

	a.  The AGCM 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 AGCM, disqualification must be justified.  
	
	b.  The GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism (GWOT) 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 50 states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.  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.

   c.  The ICM is authorized for award to members of the Armed Forces of the United States who served in direct support of OIF.  The AOE encompasses all land area of the country of Iraq and 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.

	 	(1)  The ICM period of eligibility is on or after 19 March 2003 to 31 December 2011 (the cessation of OIF).

    	(2)  A bronze service star is authorized with this service medal for each Iraq campaign a member is credited with participating in.  During the applicant's period of service in Iraq, participation credit was awarded for the Transition of Iraq campaign (2 May 2003 - 28 June 2004).

	 	(3)  No service member will be entitled to both the ICM and GWOTEM for the same act, achievement, or period of service.

    	(4)  Service members qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized will remain qualified for the GWOTEM.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.

	d.  The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in GWOT operations outside of the AOE designated for award of the GWOTEM, Afghanistan Campaign Medal, or ICM.  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 or 60 nonconsecutive days are authorized the GWOTSM.

10.  Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214.  It shows for:

	a.  item 12, block f, enter total amount of foreign service completed during the period covered in item 12, block c (Net Active Service This Period);

	b.  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; and

	c.  item 18, for an active duty Soldier deployed with his/her unit to a foreign country during their continuous period of active service enter:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates, for example YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her DD Form 214 should be corrected to show her overseas service in Iraq/Kuwait and all of her authorized awards.

2.  The evidence of record shows the applicant served in Southwest Asia (SWA) during the period 11 October 2003 to 26 December 2003.

3.  A calculation of this period of overseas service shows:

	2003  12  26	date of redeployment
	- 2003  10  11	date of deployment
	=     00  02  15
	+                   1	day inclusive
	=     00  02  16	total foreign service Iraq/Kuwait

4.  Item 12, block f, and item 18 of the applicant's DD Form 214 do not show her service in SWA.  Therefore, it would be appropriate to correct her DD Form 214 to show her overseas deployment in SWA and total foreign service.

5.  The applicant's service in support of OIF in Iraq from 11 October 2003 to 
26 December 2003 qualified her for award of the GWOTEM; however, the applicant requests award of the ICM.  Thus, in lieu of the GWOTEM, she should be awarded the ICM with one bronze service star.  In addition, her service outside of the AOE designated for award of the GWOTEM/ICM qualified her for award of the GWOTSM.

6.  General orders awarded her unit the Meritorious Unit Commendation.

7.  The applicant served a period of continuous, honorable active duty enlisted service from 5 April 2001 through 4 April 2004.

   a.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM.
	b.  She attained the rank of PFC (E-3).

	c.  Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (1st Award) for the period 5 April 2001 through
4 April 2004.

8.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show her foreign service and awards, as recommended below.

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:
   
   a.  awarding her the Army Good Conduct Medal (1st Award) for the period 
5 April 2001 through 4 April 2004 (Standard Name Line:  PFC  Headquarters and Headquarters Company, 124th Signal Battalion, Fort Hood, TX);

   b.  deleting the current entry from item 12, block f of her DD Form 214 and adding the entry:  "0000  02  16"  (i.e., 0 years, 2 months, 16 days);

	c.  adding the following awards to item 13 of her DD Form 214:

* Army Good Conduct Medal (1st Award)
* Iraq Campaign Medal with 1 Bronze Service Star
* Global War on Terrorism Service Medal
* Meritorious Unit Commendation


	d.  adding to item 18 of her DD Form 214 the entry:  "SERVICE IN IRAQ/KUWAIT FROM 20031011–20031226."




      _______ _   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)                                         AR20150001300



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ABCMR Record of Proceedings (cont)                                         AR20150001300



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