IN THE CASE OF: BOARD DATE: 30 August 2016 DOCKET NUMBER: AR20150012967 BOARD VOTE: ___x_____ __x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 30 August 2016 DOCKET NUMBER: AR20150012967 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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. Amending her DD Form 214 for the period ending 16 July 2004 by: * deleting the entry in item 12f and adding the entry "0001--00--01" * adding to item 13 the: * Iraq Campaign Medal with two bronze service stars * Overseas Service Ribbon * Meritorious Unit Commendation * adding to item 18 the entry "SERVICE IN KUWAIT/IRAQ FROM 20030327-20040327" b. Amending her DD Form 214 for the period ending 30 September 2015 by adding the Iraq Campaign Medal with two bronze service stars, Overseas Service Ribbon, and Meritorious Unit Commendation. ___________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. IN THE CASE OF: BOARD DATE: 30 August 2016 DOCKET NUMBER: AR20150012967 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 item 12f (Foreign Service) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her foreign service in Kuwait/Iraq. 2. The applicant states item 12f of her DD Form 214 has all zeros and she was deployed to Kuwait/Iraq from 2003 to 2004. She previously tried to get the injustice corrected but was told there was not sufficient documentation. She has since found other documentation. 3. The applicant provides her DD Form 214, orders, a memorandum for record (MFR), a letter, and an email. 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 17 July 2001 and she held military occupational specialty (MOS) 55B (Ammunition Specialist). She was assigned to the 664th Ordnance Company, 553rd Corps Support Battalion (CSB), 64th Corps Support Group (CSG), Fort Hood, TX. 3. The applicant provides: a. Orders 029-11, dated 29 January 2003, issued by Headquarters, 13th Corps Support Command (COSCOM), Fort Hood, showing she and her unit were on orders to deploy to the U.S. European Command (USEUCOM) area of responsibility (AOR) in support of Operation Iraqi Freedom (OIF) on or about 9 February 2003. b. An MFR, dated 4 February 2004, wherein the Commander, Headquarters and Headquarters Company, 101st CSG, Iraq, stated the 1st Magazine Platoon, 664th Ordnance Company, 553rd CSB, 64th CSG, of Fort Hood was attached to the 101st CSG, 101st Airborne Division, in Mosul, Iraq, in support of OIF from 5 July 2003 to 4 February 2004. The Soldiers listed (to include the applicant) were authorized to wear the 101st Airborne Division combat patch. 4. She was honorably released from active duty on 16 July 2004 and was transferred to the U.S. Army Reserve. 5. Item 12f of her DD Form 214 contains the entry "0000--00--00." Item 13 (Decorations, Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized - All periods of service) shows the: * Army Lapel Button * Army Commendation Medal * Army Achievement Medal * Global War on Terrorism Service Medal * National Defense Service Medal * Army Service Medal 6. Item 18 (Remarks) of her DD Form 214 is void of an entry that shows she deployed in support of OIF. 7. In an email received from the Defense Finance and Accounting Service (DFAS) on 17 August 2016, a DFAS official confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) for service in Kuwait from 27 March 2003 to 27 March 2004 (366 days or 1 year and 1 day. 8. The applicant subsequently enlisted in the Army National Guard (ARNG). She entered active duty for operational support as a member of her ARNG unit on 28 May 2015. She was honorably released from active duty on 30 September 2015 to the control of the ARNG. 9. Item 13 of the DD Form 214 she was issued for this period of service shows the: * Army Commendation Medal * Army Achievement Medal * Global War on Terrorism Service Medal * National Defense Service Medal * Army Service Medal REFERENCES: 1. Army Regulation (AR) 635-5 (Separation Documents) then in effect 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 the preparation of the DD Form 214. It stated in item 12f, enter the amount of foreign service the Soldier completed during the period of service covered by the DD Form 214. In item 18, for an active duty Soldier deployed to a foreign country, enter "SERVICE IN (Name of Country Deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)." 2. AR 600-8-22 (Military Awards) states: a. The Iraq Campaign Medal is awarded to members who have served in direct support of OIF. The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 31 December 2011. Service members must have been assigned, attached, or mobilized to units operating in the Iraq for 30 consecutive days or for 60 non-consecutive days. A bronze service star is authorized for wear with this medal for participation in each credited campaign. A review of the applicant’s record shows she participated in two campaigns during her service in Iraq. b. The Overseas Service Ribbon is awarded for successful completion of overseas tours. According to the Awards Branch, U.S. Army Human Resources Command (HRC), 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. 3. A review of the HRC website shows the 664th Ordnance Company was cited for award of the Meritorious Unit Commendation for the period 2 April 2003 through 30 April 2004 by Department of the Army General Orders Number 8, dated 2010. DISCUSSION: 1. A DFAS official confirmed the applicant received HF/IDP for service in Kuwait for 1 year and 1 day from 27 March 2003 to 27 March 2004 and she provided an MFR that shows she was serving in Iraq while attached to the 101st CSG during the period 5 July 2003 to 4 February 2004. 2. It is reasonable to presume she first deployed to Kuwait where her entitlement to HF/IDP was processed, she proceeded to Iraq with her unit, and she was subsequently attached to the 101st CSG while in Iraq. However, her DD Form 214 for the period ending 16 July 2004 does not show any foreign service in item 12f and does not list the dates of her service in Kuwait/Iraq in item 18. 3. She served in Iraq during a qualifying period for award of the Iraq Campaign Medal and Overseas Service Ribbon. She participated in two campaigns during her service in Iraq and her unit in Iraq was cited for award of the Meritorious Unit Commendation during her period of service. However, neither of her DD Forms 214 show the Iraq Campaign Medal with two bronze service stars, Overseas Service Ribbon, or the Meritorious Unit Commendation. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012967 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012967 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2