IN THE CASE OF:  	  

		BOARD DATE:  22 September 2015	  

		DOCKET NUMBER:  AR20150002560 


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 deployment to Kuwait/Iraq.

2.  The applicant states her deployment to Kuwait/Iraq in 2003 with the 86th Combat Support Hospital is not shown on her DD Form 214.

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 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 22 September 1999.


3.  Her DA Form 2-1 (Personnel Qualification Record – Part II) shows in:

* item 5 (Overseas Service) – Korea during the period 8 April 2000 to 7 April 2001 (12 months)
* item 9 (Awards, Decorations, and Campaigns) –

* Army Service Ribbon
* Overseas Service Ribbon
* Army Achievement Medal
* Army Commendation Medal
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and Grenade Bar

4.  Records show the 86th Combat Support Hospital, 101st Airborne Division, awarded her the:

* Army Commendation Medal for the period 28 January 2003 to 15 June 2003 for meritorious service during Operation Iraqi Freedom by Permanent Order Number 133-112, dated 13 May 2003
* Army Commendation Medal for the period 17 May 2001 to 21 September 2003 for meritorious service as a medical supply, training, and orderly room noncommissioned officer by Permanent Order Number 227-01, dated 15 August 2003

5.  The Defense Finance and Accounting Service (DFAS) confirmed she received hostile fire pay/imminent danger pay and combat zone tax exclusion during the period 19 January 2003 through 17 June 2003 for service in Kuwait.

6.  On 21 September 2003, she was honorably released from active duty.  Her DD Form 214 shows in:

* item 12f (Foreign Service) – 1 year
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) –

* Army Achievement Medal
* Army Commendation Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon

7.  Her records are void of and she failed to provide any evidence showing she deployed to Iraq.

8.  The 86th Combat Support Hospital’s on-line history states it deployed in support of Operation Iraqi Freedom from January 2003 until July 2003, fielding two hospitals – one in Camp Udairi, Kuwait, and another in Camp Adder, Iraq.

9.  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 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.

	b.  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 Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility 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.

	c.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, the instructions specified to enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in item 18.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her DD Form 214 should be corrected to show her deployment to Kuwait/Iraq in 2003.

2.  DFAS confirmed she received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait during the period 19 January 2003 through 17 June 2003 (4 months and 29 days).  Her DD Form 214 should be corrected to show this deployment.  Her DD Form 214 should also be corrected to show this additional foreign service credit.  Her records do not contain evidence showing she further deployed to Iraq.

3.  As a related issue, she was awarded an Army Commendation Medal and was authorized award of the Global War on Terrorism Expeditionary Medal in connection with her foreign service in support of Operation Iraqi Freedom.  Her DD Form 214 should be corrected to show these awards and any other awards for which she is authorized.

	a.  Records show she was awarded the Army Commendation Medal for meritorious service during the period 17 May 2001 to 21 September 2003 and a second Army Commendation Medal for her deployment in support of Operation Iraqi Freedom during the period 28 January 2003 to 15 June 2003.  Her DD Form 214 should be corrected to show two awards of the Army Commendation Medal.

	b.  She also served qualifying periods for award of the Korea Defense Service Medal and the Global War on Terrorism Service Medal.  Her DD Form 214 should be corrected to show these awards.

	c.  She was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and  Grenade Bar.  Her DD Form 214 should be corrected to show these badges.

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.  amending item 12f of her DD Form 214 to show her foreign service as 0001  04  29;

	b.  deleting award of the Army Commendation Medal from her DD Form 214;

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

* Army Commendation Medal (2nd Award)
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Korea Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and Grenade Bar

	d.  adding the entry "SERVICE IN KUWAIT FROM 20030119-20030617" to item 18 of her DD Form 214.

2.  The Board further determined 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 deployed service in Iraq.



      ____________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)                                         AR20150002560



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ABCMR Record of Proceedings (cont)                                         AR20150002560



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