IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20170002516 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 IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20170002516 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 amending her DD Form 214 as follows: * deleting the entry in item 12f * adding to item 12f the entry "0000 years, 06 months and 00 days" * adding to item 13 – * Iraq Campaign Medal with two bronze service stars * Global War on Terrorism Service Medal * adding to item 18 the entry "Service in Kuwait/Iraq 20030401-20030930" 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 adding the Army Commendation Medal to her DD Form 214. ____________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: 19 September 2018 DOCKET NUMBER: AR20170002516 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 reflect her foreign service and the Army Commendation Medal. 2. The applicant states item 12f (Record of Service – Foreign Service) of her DD Form 214 should include her service in Kuwait and Iraq during the period from 4 April 2003 to 23 September 2003. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) should show her Army Commendation Medal. She states she should be given credit for her service and sacrifice. 3. The applicant provides – * DD Form 214 * Orders 029-10, dated 29 January 2003 * Orders 029-011, dated 29 January 2003 * Orders 087-06, dated 27 March 2003 * Operation Iraqi Freedom unit certificate * Memoranda for Record, dated 13 September 2003 and 15 September 2003 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 10 January 2001. 3. Headquarters, 13th Corps Support Command, Fort Hood, TX issued Orders 029-10 on 29 January 2003 temporarily reassigning her unit, 74th Engineer Company, to the United States Central Command to support Operation Enduring Freedom. The unit and its personnel were ordered to deploy for a period of 179 days. The projected effective date of deployment was 19 February 2003. An amendment order was published adjusting the effective date of deployment to on or about 5 April 2003. 4. On 9 January 2004, she was released from active duty and transferred to the Reserve Component. Her DD Form 214 contains the following pertinent entries: * item 12f, contains the entry "0000 [years] 00 [months] 00 [days]" * item 13, she was authorized the Army Lapel Button, National Defense Service Medal and the Army Service Ribbon * item 18 (Remarks), does not contain an entry showing she deployed in support of Operation Enduring Freedom/Operation Iraqi Freedom 5. The Defense Finance and Accounting Service reviewed her Master Military Pay Account and verified she received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait from 1 April 2003 to 30 September 2003. 6. Her record does not contain and she did not provide orders awarding her the Army Commendation Medal. 7. An Operation Iraqi Freedom unit certificate signed by a battalion commander shows she participated in Operation Iraqi Freedom from 19 March 2003 to 15 May 2003 as a member of the 74th Engineer Company. 8. A memorandum for record, issued by the 74th Milt-Role Bridge Company on 13 September 2003 states her parent unit, the 62nd Engineer Battalion, would be responsible for processing an award recommendation the 74th Engineer Company Commander had initiated on behalf of the applicant. The memorandum recommended the applicant be awarded the Army Commendation Medal. The Army Post Office Code on the memorandum places the unit in Iraq. 9. A second memorandum for record, issued by Headquarters and Headquarters Company, 555th Combat Engineer Group, Camp Speicher, Iraq on 15 September 2003 authorized the applicant to redeploy through Kuwait because she would soon reach her expiration of term of service. Her projected date of departure was 19 September 2003. REFERENCES: 1. Department of Defense (DOD) Number 7000.14-R (Financial Management Regulation) Volume 7a, Chapter 10 states hostile fire pay and imminent danger pay are authorized entitlements. A member may be paid special duty pay for duty subject to hostile fire or imminent danger for any month a member, while entitled to basic pay for active duty, meets the qualifying criteria. Members will receive the maximum monthly rate of special pay for the month in which the event occurred or deployed to a designated geographical area. Payment will be made for the full month. The appropriate command will certify that the member has met the requirements for entitlement to special pay for a given month. 2. Army Regulation 600-8-22 (Military Awards) prescribes policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (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 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) * 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 c. The Global War on Terrorism Service Medal (GWOTSM) 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 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 GWOTSM. 3. Army Regulation 635-5 (Separation Processing and Documents) prescribes policy and procedural guidance relating to transition management including the preparation of separation documents. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. The source documents used in the preparation of the DD Form 214 include the Soldier's computer generated record brief, separation approval documents, and any other document authorized for filing in their official military personnel record. For item 12f, enter the total amount of service performed outside the continental United States during the period covered by item 12c. For item 13, list all awards and campaign ribbons authorized for all periods of Federal service. In addition, list period(s) of deployed service and location in item 18. DISCUSSION: 1. The applicant’s DFAS record and the two memoranda she provided addressing her award and her redeployment, confirm she served in Iraq/Kuwait from 1 April 2003 to 30 September 2003, a period of 6 months. 2. Her service in Iraq/Kuwait meets the criteria for the Iraq Campaign Medal with two bronze service stars. Her DD Form 214 does not reflect this award. 3. Additionally, her active service in the continental United States meets the criteria for the GWOTSM. Her DD Form 214 does not reflect this award. 4. the Army Commendation Medal is a personal decoration, and as such, requires a formal recommendation, approval through the chain of command, and announcement in order. a. Her record does not contain a formal recommendation, evidence the award was approved through her chain of command or orders for award of the Army Commendation Medal. b. She did provide a memorandum for record showing her parent unit would be responsible for processing an award for her deployment and that her deployed unit recommended an Army Commendation Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170002516 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170002516 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2