ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 21 November 2019 DOCKET NUMBER: AR20170009338 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her service in Kuwait/Iraq. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Mobilization Orders FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states section 18 (Remarks) of her DD Form 214 does not reflect her deployment, which affects her eligibility for a Department of Veterans Administration loan eligibility. 3. Review of the applicant's service records shows: a. She enlisted in the Oklahoma Army National Guard (OKARNG) on 27 September 1999 and she held military occupational specialty 92A (Automated Logistical Specialist) b. Orders 338-157, issued by the OKARNG on 4 December 2003 ordered her to active duty in support of Operation Iraqi Freedom beginning on or about 11 December 2003. c. She entered active duty on 11 December 2003. She was assigned to the 120th Engineer Battalion. d. On 26 July 2004, Headquarters, U.S. Army Field Artillery Center, Fort Sill, OK published Orders 208-062 directing her attachment to the 5045th Garrison Support, Fort Sill, effective 26 July 2004, until her release from active duty for parenthood. e. On 18 November 2004, her chain of command at Fort Sill, OK initiated separation action against her for parenthood. She was advised of her rights. On 6 December 2004, the separation authority approved her discharge. f. She was honorably discharged from active duty and the ARNG on 16 December 2004. Her DD Form 214 shows she completed 1 year and 6 days of active service. It also shows in: * Block 12f (Foreign Service) – 0000-00-00 * Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), National Defense Service Medal, Army Service Ribbon, and Global War on Terrorism Service Medal * item 18 (Remarks), no entry regarding service in Iraq g. On 28 December 2004, the senior personnel sergeant of the Joint Force Headquarters, OKARNG issued a memorandum to the applicant's higher ARNG command (90th Troop Command) informing that command of the "Separation action on a deployed Soldier," "Soldier was separated while on active duty for Operation Enduring Freedom." h. On 3 June 2009, the U.S. Army Human Resources Command announced that the Department of the Army concurred with the recommendation of the Commandant of the Marine Corps to award the Navy Unit Commendation to various Army units. These units include the 120th Engineer Battalion from 2 August 2004 to 1 February 2005, for participation in operations with the I Marine Expeditionary Force. Attached to this memorandum is a listing of Soldiers assigned to C Company, 120th Engineer Battalion. The applicant's name appears on this roster. i. There is no documentary evidence in the service record to confirm her deployment to Kuwait/Iraq or the exact dates of such deployments, such as a Leave and Earnings Statement confirming receipt of hostile fire pay/imminent danger pay, a manifest/temporary change of station orders, travel voucher, or an award reflecting her service or achievement in theater. 3. By regulation (AR 635-5 (Separation Documents), Chapter 2 contains guidance on the preparation of the DD Form 214. It states: * for block 12f, enter the total active service completed outside continental United States during the period covered by the DD Form 214 * for block 13, enter awards and decorations from all period of service * for block 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)" BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. Board members did not find sufficient evidence to show she served in Kuwait/Iraq. The orders provided show mobilization, not deployment. Board members thought is was equally possible that the applicant was in a Rear Detachment unit because she was counseled in the rear for not having a family care plan. Board members noted the order awarded by the USMC but that was just a listing. The Board wished to inform the applicant that if she was able to provide a Leave and Earnings Statement showing receipt of hostile fire pay, that would show sufficient evidence to support her request. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states: * for block 12f, enter the total active service completed outside continental United States during the period covered by the DD Form 214 * for block 13, enter awards and decorations from all period of service * for block 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)" 3. AR 600-8-22 (Military Awards) states 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 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 (but not limited to) * Liberation of Iraq 19 March 2003 to 1 May 2003 * Transition of Iraq 2 May 2003 to 28 June 2004 * Iraqi Governance 29 June 2004 to 15 December 2005 * National Resolution 16 December 2005 to 9 January 2007 * Iraqi Surge 10 January 2007 to 31 December 2008 * Iraqi Sovereignty 1 January 2009-31 August 2010 NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170009338 4 1