BOARD DATE: 9 March 2017 DOCKET NUMBER: AR20150016304 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: 9 March 2017 DOCKET NUMBER: AR20150016304 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: * deleting from item 12f of the applicant's DD Form 214 the entry "0000-00-00" and adding the entry "0000-00-24" * adding to item 13 of her DD Form 214 the Global War on Terrorism Service Medal and the Iraq Campaign Medal with one bronze service star * adding to item 18 of the applicant's DD Form 214 the entries: "Ordered to active duty in support of Operation Iraqi Freedom per Title 10, U.S. Code, section 12302" and "Service in Kuwait/Iraq 20080616 to 20080710" 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 changing her RE Code from RE-3 to another code. _____________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: 9 March 2017 DOCKET NUMBER: AR20150016304 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 in: * item 18 (Remarks), her service in support of Operation Iraqi Freedom (OIF) * item 27 (Reentry (RE) Code), RE-2 2. The applicant states she was told by the Department of Veterans Affairs Representative when she applied for her Post 9/11 education benefits that her foreign service in support of OIF is not shown on her DD Form 214. She would also like her RE code changed to RE-2. 3. The applicant provides: * DD Form 214 * Mobilization Orders 027-087 * Temporary Change of Station Orders 156-793 * DA Form 7631 (Deployment Cycle Support (DCS) Checklist) * Commander's Validation Statement * Request for REFRAD (Release from Active Duty) * Release from Theater memorandum * Medical statement * Separation packet with allied documents 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 Massachusetts Army National Guard (MAARNG) on 28 June 2006. She entered active duty for training (ADT) on 28 August 2006. She completed the required training for award of military occupational specialty 92A (Automated Logistical Specialist). 3. She was honorably released from ADT on 13 March 2007. Her DD Form 214 shows she was awarded or authorized the National Defense Service Medal and the Army Service Ribbon. 4. She transferred to the Florida ARNG (FLARNG) and was assigned to Company D, 1st Battalion, 244th Aviation Regiment, Brooksville, FL. 5. She was ordered to active duty on 16 April 2008 (home station) by Orders Number 027-08, issued by FLARNG on 8 February 2008. She reported to Fort Sill, OK on 19 April 2008. 6. She was deployed in a temporary change of station status on or about 17 June 2008 by authority of Orders 156-793 issued by Headquarters, U.S. Army Garrison, Fort Sill, OK. She completed a DA Form 7631 (checklist) on 3 July 2008 indicating she arrived in theater (Kuwait) on 16 June 2008. 7. On 1 July 2008, she underwent a psychological/mental health evaluation at Camp Buehring, Kuwait. The U.S. Navy Medical Corps officer recommended that she be administratively separated. Her chain of command recommended separation due to personality disorder. 8. On 4 July 2008, her senior commander authorized her return to the United States (Fort Sill, OK), effective (no later than) 18 July 2008. 9. On 14 July 2008, she underwent second mental status evaluation at Fort Sill, OK. 10. On 16 July 2008, her immediate commander notified her of his intent to initiate separation action against her under the provisions of paragraph 5-13 of Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations) with an honorable discharge. She was advised her of her rights. She acknowledged receipt of notification on the same date and waived her right to counsel. Her chain of command recommended approval. 11. On 22 July 2008, the separation authority approved the applicant’s separation action in accordance with paragraph 5-13 of AR 635-200. He directed the issuance of an honorable discharge. Accordingly, the applicant was discharged on 25 July 2008. 12. Her DD Form 214 shows she was honorably discharged under the provisions of paragraph 5-13 of AR 635-200, by reason of personality disorder. She completed 3 months and 10 days of active service. This form also shows in: * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), the National Defense Service Medal and Army Service Ribbon * item 12f (Foreign Service) shows "000-00-00" * item 18, the entry "member has completed first full term of service" * item 25 (Separation Authority) – AR 635-200, paragraph 5-13 * item 26 (Separation Code) – LFX * item 27, RE-3 * item 28 (Narrative Reason for Separation) – Personality Disorder REFERENCES: 1. AR 635-200 prescribes the policy for the administrative separation of enlisted personnel. Paragraph 5-13 provides for separating members due to personality disorder (not amounting to disability) that interferes with assignment or with performance of duty. 2. AR 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance for preparation of the DD Form 214. It states: * Item 12f, from the Enlisted Record Brief, enter the total amount of foreign service completed during the period covered by the DD Form 214 * Item 13, list awards and decorations for all periods of service * Item 18 is used for mandatory entries; for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession: * Ordered to active duty in support of (Operation name), per Title 10, U.S. Code, section (appropriate section) * Service in (Name of Country Deployed) From (inclusive dates for example, YYYYMMDD - YYYYMMDD' * Soldier completed period for which ordered to active duty for purpose of post service benefits and entitlements 3. AR 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty. The SPD code "LFX" is the correct code for Soldiers separating under paragraph 5-13 of AR 635-200 because of a personality disorder. The SPD/RE code cross reference table in effect then shows an SPD of "LFX" has a corresponding RE code of 3. 4. AR 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve. Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment. That chapter includes a list of Armed Forces RE codes including Regular Army RE codes. * RE-1 applied to persons who completed an initial term of active service who were fully qualified for enlistment when separated * RE-2 is no longer in use * RE-3 applied to persons who were not qualified for reentry or continuous service at the time of separation, but the disqualification was waivable 5. AR 600-8-22 (Military Awards) provides for award of the: a. The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. 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 days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal. b. The Iraq Campaign Medal is awarded to members who have served in direct support of OIF. The AOE 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 Iraqi Surge (10 January 2007-31 December 2008). DISCUSSION: 1. The applicant’s request for correction of her record to show her OIF service is presumed to be a request for the awards associated with this service. 2. The applicant was mobilized to active duty on 16 April 2008 and appears to have deployed to Kuwait/Iraq on 16 June 2008 and returned from Kuwait/Iraq on or about 10 July 2008 for administrative separation. She completed 24 days of foreign service. This foreign/combat service is not shown in item 12f or 18 of her DD Form 214. 3. Based on her service in Kuwait/Iraq, she qualified for award of the Iraq Campaign Medal with one bronze service star. She also qualified for award of the Global War on Terrorism Service Medal. 4. Her RE code is correct, and the Army does not use RE-2. a. Her narrative reason for separation was assigned because she was discharged under the provisions of AR 635-200, paragraph 5-13 for personality disorder. Absent this disorder, it appears there was no fundamental reason to process her for separation. b. The only valid narrative reason for separation permitted under this paragraph is "Personality Disorder" and its corresponding separation code is "LFX." The RE code associated with this separation code is RE-3. This RE code is correctly listed on her 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) AR20150016304 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016304 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2