BOARD DATE: February 16, 2017 DOCKET NUMBER: AR20150015105 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ___x_____ ___x__ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: February 16, 2017 DOCKET NUMBER: AR20150015105 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 correcting her DD Form 214, as follows: a. deleting from item 12, block f, the current entry and adding the entry: "0001 [Years], 00" [Months], 19 [Days]" b. adding the following awards to item 13: * Army Commendation Medal * Iraq Campaign Medal with 2 Bronze Service Stars * Overseas Service Ribbon c. adding to item 18 the entry: "SERVICE IN IRAQ FROM 20061106 –20071124." 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 the Army Good Conduct Medal. __________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. BOARD DATE: February 16, 2017 DOCKET NUMBER: AR20150015105 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 foreign service and all of her authorized awards. 2. The applicant states she was assigned to Company E, 27th Brigade Support Battalion (BSB), 4th Brigade Combat Team (BCT), 1st Cavalry Division, and she served in Iraq during Operation Iraqi Freedom (OIF) from 6 November 2006 to 24 November 2007. This equates to 1 year and 18 days of foreign service; however, this service is not recorded on her DD Form 214. She states she was awarded the Army Commendation Medal and also states she qualified for award of the Army Good Conduct Medal, Iraq Campaign Medal with 2 Bronze Service Stars, Overseas Service Ribbon, and Combat Action Badge. She refers to Army Regulation (AR) 600-8-22 (Military Awards) and award criteria outlined in the regulation pertaining to the cited awards and decorations. She notes that she served in Iraq during the National Resolution (16 December 2005 to 9 January 2007) and the Iraqi Surge (10 January 2007 to 31 December 2008) campaigns. She adds the statement from her platoon leader and her pre/post-deployment medical evaluations offer evidence in support of award of the Combat Action Badge for being personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement. 3. The applicant provides copies of a: * DA Form 2823 (Sworn Statement), dated 28 August 2015 (summarized above) * deployment order * Standard Form (SF) 600 (Chronological Record of Medical Care) * Headquarters, Company E, 27th BSB, 4th BCT, memorandum * VA [Veterans Administration] Form 21-4138 (Statement in Support of Claim) * DA Form 4980-14 (ARCOM Certificate) * 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 3 November 2005 for a period of 3 years and 25 weeks. Upon completion of training she was awarded military occupational specialty 92F (Petroleum Supply Specialist). 3. Her Enlisted Record Brief, dated 24 September 2008, shows: * Section I (Assignment Information – Overseas/Deployment Combat Duty) is blank (no entries) * Section VIII (Awards and Decorations) – * Army Achievement Medal * National Defense Service Medal * Driver and Mechanic Badge with Driver-W (Wheeled Vehicle) Bar 4. A DA Form 268 (Report to Suspend Favorable Personnel Actions (Flag)) shows the Commander, Company E, 121st BSB, 4th BCT, 1st Armored Division, Fort Bliss, TX, initiated a Flag against the applicant, effective 10 October 2008, based on initiation of elimination action. 5. A review of the applicant's separation action, in pertinent part, shows the company commander recommended the applicant for involuntarily separation due to parenthood for failing the requirement to obtain and maintain a valid Family Care Plan. a. He noted her awards (i.e., Army Achievement Medal, National Defense Service Medal, Global War on Terrorism Service Medal, and Driver and Mechanic Badge with Driver-W Bar. b. In response to, "Note favorable recommendations or communications for the Soldier:" the response line is blank (no entries). c. On 10 December 2008, the separation authority approved the separation action. 6. Her DD Form 214 shows she entered active duty this period on 3 November 2005 and was honorably discharged on 20 February 2009. She had completed 3 years, 3 months, and 18 days of net active service this period. It also shows, in pertinent part, in: * item 12 (Record of Service), block f (Foreign Service): 0000 (Years), 00 (Months), 00 (Days) * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – * Army Achievement Medal * National Defense Service Medal * Global War on Terrorism Service Medal * Army Service Ribbon * Driver and Mechanic Badge with Driver-W Bar * item 18 (Remarks), no entry that she deployed to a foreign country during this period of active service 7. In support of her application the applicant provides the following documents: a. U.S. Army Air Defense Artillery Center, Fort Bliss, TX, Permanent Orders 262-501, dated 29 August 2006, that shows, in pertinent part, Headquarters (HQ), 4th BCT, 1st Cavalry, was attached to Headquarters, U.S. Army Forces Command, Fort McPherson, GA, effective 29 August 2006, for deployment in support of OIF, effective 1 October 2006. The order also shows the Main Body would arrive on or about 31 October 2006. b. SF 600 that shows the applicant was seen at the Theater Medical Clinic, 2nd Squadron, 7th Cavalry, on 20 March 2007, for chest pain made worse by breathing or coughing. She reported she was driving a vehicle in a convoy when an improvised explosive device (IED) went off on the truck commander's side of the vehicle. c. Company E, 27th BSB, 4th Brigade, 1st Cavalry Regiment, Forward Operating Base Marez, Mosul, Iraq, memorandum, dated 2 April 2007, subject: Narrative for the Combat Action Badge, that shows Captain (CPT) Christopher M. R____, Commander, reported an incident occurred at 1400 hours, 20 March 2007, involving a Convoy Logistics Patrol in which the lead vehicle hit an IED in the vicinity of grid LF 409 244 at 1427. The applicant (the driver) and two other Soldiers were in the vehicle, there were no casualties, and the incident was reported to higher headquarters. d. Statement in Support of VA Claim, dated 14 August 2015, that shows CPT Chris G____ stated that he served with the applicant in Mosul, Iraq from October 2006 to December 2007 and he was her platoon leader from January through June 2007. He states she was involved in direct contact with enemy forces, including IED attacks. He recalls an incident in March 2007 when the truck she was driving struck an IED. (He does not know the exact date and he was not present.) e. DA Form 4980-14 that shows HQ, 4th BCT, 1st Cavalry Division, Forward Operating Base Marez, Iraq, Permanent Order 231-19, dated 19 August 2007, awarded the applicant the Army Commendation Medal for meritorious service during OIF from 31 October 2006 to 1 January 2008. 8. A review of the applicant's military personnel records failed to reveal any orders or other evidence that shows she was awarded the Army Good Conduct Medal (AGCM). 9. The Defense Finance and Accounting Service was asked to confirm that the applicant received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE). A response was not received. REFERENCES: 1. AR 600-8-22 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 Iraq Campaign Medal (ICM) is authorized for award to members of the Armed Forces of the United States who served in direct support of OIF. The ICM period of eligibility is on or after 19 March 2003 to 31 December 2011 (the cessation of OIF). The area of eligibility 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. 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 – * National Resolution (16 December 2005 - 9 January 2007) * Iraqi Surge (10 January 2007 - 31 December 2008) c. The Overseas Service Ribbon (OSR) was established by the Secretary of the Army on 10 April 1981. (1) Effective 1 August 1981, all members of the Active Army, Army National Guard, and U.S. Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. (2) According to the Military Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense. Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour. d. The requirements for award of the Combat Action Badge (CAB) are branch and MOS immaterial. Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the CAB. However, it is not intended to award the CAB to all Soldiers who serve in a combat zone or imminent danger area. The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized. The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement. The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge. Award of the CAB is authorized from 18 September 2001 to a date to be determined. (1) Requests for retroactive award of the CAB must be forwarded to the Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The request must be submitted on a DA Form 4187 (Personnel Action) if the Soldier is on active duty or in an active status. If not on active duty or in an active status, the former Soldier may request award of the CAB by letter. (2) All requests must contain a copy of: * assignment, attachment, or operational control orders * Enlisted/Officer Record Brief or Personnel Qualification Record * chain of command endorsement * one-page narrative description of the qualifying incident * certified copy of the DD Form 214 * other supporting documentation 2. AR 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It contains item-by-item instructions for completing the DD Form 214. It shows for: a. item 12, use extreme care in completing this block since post-service benefits, final pay, retirement credit, etc. are based upon the information contained herein. Block f, enter the total amount of foreign service completed during the period covered in item 12, block c. b. item 13, list awards and decorations for all periods of service in the priority sequence specified in AR 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)." 3. AR 15-185 (ABCMR) provides that the ABCMR will not consider any application until the applicant has first exhausted all other administrative remedies to correct the alleged error or injustice. DISCUSSION: 1. The applicant contends that her DD Form 214 should be corrected to show her foreign service in Iraq in support of OIF and her authorized awards. 2. There is no evidence of record that shows the applicant submitted a request to the Commander, U.S. Army Human Resources Command requesting retroactive award of the CAB. Since the applicant has not exhausted her administrative remedy with regard to the badge, the CAB will not be discussed further in this Record of Proceedings. 3. The applicant contends she served in Iraq in support of OIF from 6 November 2006 through 24 November 20007 and records shows she was awarded an ARCOM for meritorious service during OIF that covers this period of service. a. A calculation of this period of overseas service shows the following: 2007  11  24 date redeployed - 2006  11  06 date of deployment =  01  00  18 + _ 1 inclusive day =  01  00  19 overseas service during this period b. Item 12, block f, and item 18 of the applicant's DD Form 214 do not show her overseas service in support of OIF. 4. The evidence of record shows: a. the applicant qualified for award of the ICM, she participated in two campaigns during her service in support of OIF, and she is authorized two bronze service stars for wear on the ICM; and b. this overseas service qualified her for award of the OSR. 5. Permanent orders awarded the applicant the ARCOM. 6. The applicant began serving a period of continuous active duty enlisted service on 3 November 2005. a. On 10 October 2008, prior to the applicant completing 3 years of active service, her commander initiated a Flag (i.e., suspension of favorable personnel actions) due to the initiation of the applicant's involuntary separation action. b. The commander did not offer a favorable recommendation for award of the AGCM. c. There is no evidence the Flag was removed (i.e., resolved favorably) prior to the applicant's involuntary separation from active duty. d. The evidence of record shows the applicant was not eligible for award of the AGCM effective 10 October 2008 (date of Flag) through the date that she completed 3 years of active service (2 November 2008), nor was she eligible for any favorable personnel actions through the date of her separation. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015105 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015105 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2