BOARD DATE: 15 June 2017 DOCKET NUMBER: AR20160000762 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: 15 June 2017 DOCKET NUMBER: AR20160000762 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 (Foreign Service) of her DD Form 214 for the period ending 30 July 2004 to show "0001  02  17"; b. amending item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 for the period ending 30 July 2004 to add award of the Iraq Campaign Medal with one bronze service star and the Overseas Service Ribbon; and c. adding the entries "SERVICE IN AFGHANISTAN FROM 20020815-20021221" and "SERVICE IN KUWAIT/IRAQ FROM 20030609-20040418" to item 18 (Remarks) of her DD Form 214 for the period ending 30 July 2004. 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 German Sports Badge and the 82nd Airborne Division former wartime service shoulder sleeve insignia. _____________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: 15 June 2017 DOCKET NUMBER: AR20160000762 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 wartime service in Afghanistan and Iraq and to add award of the German Sports Badge and 82nd Airborne Division former wartime service shoulder sleeve insignia. 2. The applicant states she served her country during Operation Enduring Freedom and Operation Iraqi Freedom and was deployed to these areas. She is authorized to wear the 82nd Airborne Division shoulder sleeve insignia for former wartime service and she is requesting to have it recognized on her DD Form 214. 3. The applicant provides: * memorandum for record, subject: Statement of Wartime Service * memorandum, subject: End of Mission, Letter of Release from Task Force Phoenix * Post-Deployment Health Assessment * DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice) * Out-Processing Checklist for Coalition Forces Land Component Commander 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 31 July 2001. 3. She provided a document, dated 27 July 2002, titled "Translation for Certificate German Sports Badge" for award of the German Sports Badge in Bronze. Her service records are void of evidence showing she was authorized to accept the German Sports Badge. 4. Her service records contain a certificate awarding her the Army Commendation Medal on 15 October 2002 for meritorious service from 15 July 2002 to 15 December 2002 as an aircraft refueler for the Airborne Tactical Aviation Support (ATAS) Company, 82nd Aviation Support Battalion, in support of Operation Enduring Freedom. The certificate cites, in part, "her efforts allowed ATAS Company to conduct refuel and rearm missions in Afghanistan." 5. She provided a memorandum for record, dated 19 December 2002, certifying that she was deployed to the Central Asian Joint Coalition area of operations, Kandahar, Afghanistan, in support of Operation Enduring Freedom from 15 August 2002 to 21 December 2002, a period of 4 months and 7 days. 6. She provided a memorandum, dated 19 December 2002, indicating her immediate release from ATAS Company, 82nd Aviation Support Battalion, Task Force Phoenix, Kandahar, Afghanistan, on 19 December 2002. 7. She provided a DA Form 2627 that shows she accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice, on 30 January 2004 for violation of a lawful general order on or about 19 January 2004 near Forward Operating Base Ridgway, Iraq. 8. She provided a Post-Deployment Health Assessment, dated 19 March 2004, that shows she was deployed to Camp Udairi, Kuwait, on 9 June 2003 and to Forward Operating Base Ridgway, Iraq, on 13 September 2003 in support of Operation Iraqi Freedom. This form also shows she served in theater from 9 June 2003 to 18 April 2004, a period of 10 months and 10 days. 9. She was honorably released from active duty on 30 July 2004. Her DD Form 214 for this period shows in: a. item 12f (Foreign Service), the entry "0000  00  00," indicating she did not complete any foreign service; b. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), entries showing she was awarded the Global War on Terrorism Expeditionary Medal and Global War on Terrorism Service Medal; and c. item 18 (Remarks), no entry indicating she was deployed to Afghanistan or Kuwait/Iraq. 10. The Defense Finance and Accounting Service shows she received hostile fire pay/imminent danger pay and combat zone tax exclusion for the following periods as indicated: * 1 August 2002 to 30 September 2002 (Afghanistan) * 1 October 2002 to 31 December 2002 (Afghanistan) * 1 September 2003 to 30 April 2004 (Kuwait) 11. Her records contain a DD Form 4 (Enlistment/Reenlistment Document) showing she enlisted in the Army National Guard on 12 December 2005. 12. National Guard Bureau Form 22 (Report of Separation and Record of Service) shows she served in the Army National Guard from 9 August 2007 to 20 October 2007. REFERENCES: 1. 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. It established standardized policy for preparation of the DD Form 214. The instructions stated for: a. item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214; and b. item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." 2. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have 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 through 31 December 2011. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns include: * Liberation of Iraq (19 March 2003-1 May 2003) * Transition of Iraq (2 May 2003-28 June 2004) * Iraqi Governance (29 June 2004-15 December 2005) 3. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a "combat patch." The regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility. Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service. There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 as it is an item of uniform wear and not an award or decoration. 4. Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours. 5. According to the U.S. Army Human Resources Command Awards Branch, 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 continuous months in Iraq or Afghanistan receive credit for a completed short tour. Rules 6 and 8 of Army Regulation 614-30 (Overseas Service), table 3-2, apply. 6. Army Regulation 600-8-22, Table D-1, lists the German Sports Badge as an authorized foreign badge. Note 1 states this award may only be accepted and retained; it is not allowed for wear on the U.S. Army Uniform. DISCUSSION: 1. The applicant provided a 19 December 2002 memorandum for record that confirms she was deployed to Afghanistan from 15 August 2002 to 21 December 2002 in support of Operation Enduring Freedom. This is a period of 4 months and 7 days. 2. The applicant's Post-Deployment Health Assessment shows she was deployed to Kuwait on 9 June 2003 and to Iraq on 13 September 2003. She served in theater from 9 June 2003 to 18 April 2004. This is a period of 10 months and 10 days of foreign service. 3. The evidence of record confirms the applicant completed a total of 1 year, 2 months, and 17 days of foreign service. Her DD Form 214 does not show she completed any foreign service. 4. As a related issue, the applicant served a period of qualifying service in Iraq for award of the Iraq Campaign Medal with one bronze service star. Additionally, she completed sufficient service to receive credit for completion of a short tour and is eligible for the Overseas Service Ribbon. 5. The applicant provided a document showing she received a certificate for the German Sports Badge in Bronze. However, her service records are void of evidence that shows she was authorized to accept this badge. 6. The applicant states she is authorized to wear the 82nd Airborne Division shoulder sleeve insignia for former wartime service. The shoulder sleeve insignia for former wartime service is an item of clothing wear and not an award or decoration. It is not authorized for entry on the DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000762 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000762 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2