BOARD DATE: 24 May 2018 DOCKET NUMBER: AR20160006942 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 amending her DD Form 214, for the period ending 2 May 2006, by: a. amending item 12f to show the entry "0001 10 13;" b. amending item 13 to show she was awarded or authorized the Iraq Campaign Medal with one bronze service star and the Overseas Service Ribbon; and c. amending item 18 to show the entry "SERVICE IN IRAQ FROM 20040801 – 20050731." 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: 19 February 2019 DOCKET NUMBER: AR20160006942 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X :X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 12 February 2019 DOCKET NUMBER: AR20160006942 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), for the period ending 2 May 2006, to show her foreign service in Korea and Iraq. 2. The applicant states her DD Form 214 should accurately reflect her service in Korea and Iraq. 3. The applicant provides: * Enlisted Record Brief (ERB), dated 28 February 2006 * DA Form 4700 (Medical Record – Supplemental Medical Data), dated 27 August 2003 * DD Form 2795 (Pre-Deployment Health Assessment), dated 18 June 2004 (two pages) * DD Form 2796 (Post-Deployment Health Assessment), dated 27 September 2005, only pages 1 and 2 of 5 pages 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 May 2002. 3. The applicant's record contains an ERB, dated 28 February 2006, which shows she was assigned to Headquarters and Headquarters Detachment, 2nd Forward Support Battalion (Combat Support) on Camp Hovey, in the Republic of Korea, from on or about 20 January 2004 through on or about 2 December 2005. 4. The applicant was honorably released from active duty on 2 May 2006. Her DD Form 214 shows in: a. item 12f (Foreign Service), the entry "0000 00 00;" b. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), she was awarded or authorized the: * Army Commendation Medal * Army Good Conduct Medal * National Defense Service Medal * Global War on Terrorism Service Medal * Korea Defense Service Medal * Army Service Ribbon c. Item 18 (Remarks), the absence of an entry that shows she served in Iraq. 5. The applicant's record contains no evidence or documentation that shows she was awarded the Iraq Campaign Medal or the Overseas Service Ribbon. Additionally, it does not contain any orders for additional awards, decorations, or badges not already listed on her DD Form 214. 6. Defense Finance and Accounting Service (DFAS) records show she received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 1 August 2004 through 31 July 2005, a period of 1 year. 7. The applicant provides: a. DA Form 4700 (Medical Record – Supplemental Medical Data), dated 27 August 2003, which shows her medical records were screened for a permanent change of station (PCS) to Korea. b. DD Form 2795 (Pre-Deployment Health Assessment), dated 18 June 2004 (two pages), which shows her health was assessed for her deployment to Iraq in support of Operation Iraq Freedom, with Company A, 2nd Forward Support Battalion. c. An extract of DD Form 2796 (Post-Deployment Health Assessment), dated 27 September 2005, which shows she was provided a post-deployment health assessment after her deployment to Iraq from August 2004 to July 2005. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides Army policy, criteria, and administrative instructions concerning individual military decorations service medals and ribbons, combat and special skill badges and tabs, unit decorations, and similar devices awarded in recognition of accomplishments. It provides that: a. The Iraq Campaign Medal is awarded to members who have served in direct support of OIF. 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 are: * 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) * National Resolution (16 December 2005-9 January 2007) * Iraqi Surge (10 January 2007-31 December 2008) * Iraqi Sovereignty (1 January 2009-31 August 2010) * New Dawn (1 September 2010-31 December 2011) b. The Overseas Service Ribbon is authorized to all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status for successful completion of overseas tours effective 1 August 1981. Table 3-2 of Army Regulation 614-30 (Overseas Service) identifies tour lengths. 2. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contained guidance on the preparation of the DD Form 214. It states for: * item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214 * item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 * 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 YYYYMMDD - YYYYMMDD)" DISCUSSION: 1. The applicant requests correction of her DD Form 214 to show her foreign service in Korea and Iraq. 2. DFAS records show the applicant received HF/IDP and CZTE for service in Kuwait from 1 August 2004 through 31 July 2005. It should be noted that most Soldiers processed their finance paperwork through a finance office in Kuwait. As a result, DFAS often lists Kuwait as the location of service, even though the Soldier actually performed duty in other locations such as Iraq or Afghanistan. 3. The evidence of record shows the applicant served in Korea from 20 January 2004 through 2 December 2005, a period of 1 year, 10 months, and 13 days. DFAS information, her Post-Deployment Health Assessment, and her ERB confirm that during her period of service in Korea, she deployed with her unit to Kuwait and Iraq. Item 12f of the applicant's DD Form 214 does not appear to reflect her total foreign service time, a period of 1 year, 10 months, and 13 days and item 18 does not reflect her deployment to Iraq. 4. The evidence of record confirms the applicant served in Iraq; thereby authorizing her award of the Iraq Campaign Medal. The applicable Army regulation states a bronze service star is authorized, to be affixed to the Iraq Campaign Medal, for each campaign a member is credited with participating in. The applicant's service in Iraq occurred during one defined campaign. However, her DD Form 214 does not show the Iraq Campaign Medal or any corresponding bronze service stars. 5. The applicant served a qualifying period of service in Kuwait and Iraq for award of the Overseas Service Ribbon; however, this award is not shown on her DD Form 214. The applicant's remaining service in Korea was not sufficient to warrant a second award of the Overseas Service Ribbon. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160006942 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160006942 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2