ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  15 August 2019

	DOCKET NUMBER:  AR20170013437


APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her service in support of Operation Iraqi Freedom and the Iraq campaign Medal and Global War on Terrorism [Service] Medal.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214

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 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 she was assigned to a unit at Fort Drum, NY.  The unit deployed in support of Operation Iraqi Freedom/Enduing Freedom and she did not receive the medals because she was sent back early due to confirmed pregnancy.  Her first sergeant and commander decided it was best for her to be sent back to the rear detachment for out-processing.  Her decision to get out was solely a moral decision for her and her child. 

3.  Review of the applicant's service records shows: 

	a.  She enlisted in the Regular Army on 24 January 2007.  She held military occupational specialty (MOS) 92A (Automated Logistical Specialist). 

	b.  Following MOS training, she was assigned to A Company, 10th Brigade Support Battalion, 10th Mountain Division, Fort Drum, NY. 

	c.  On 22 October 2007, she was issued a physical profile for pregnancy with an estimated delivery date of July 2008. 

	d.  In early January 2008, at Fort Drum, she was counseled regarding her pregnancy and elected separation due to pregnancy.  On 11 January 2008, she submitted a DA Form 4187 (Personnel Action) requesting separation.  Her chain of command (at Fort Drum) recommended approval. 

	e.  The separation authority approved her request for separation effective 25 April 2008. 

	f.  She was honorably released from active duty on 24 April 2008 in accordance with chapter 8 of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations).  Her DD Form 214 shows she completed 1 year, 3 months, and 2 days of active service.  It also shows in:

* Block 12f (Foreign Service), zero credit for foreign service
* Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), the National Defense Service Medal and Army Service Ribbon
* Block 18 (Remarks) no entry regarding any deployments

	g.  Her Enlisted Records Brief does not list any deployments in Section I (Assignment Information/Overseas Service and Deployment Combat Duty).  This form also does not reflect the Iraq Campaign Medal or the Global war on Terrorism Service Medal in Section VIII (Awards and Decorations).

	h.  An inquiry with the Defense Finance and Accounting Service for the applicant's Leave and Earnings Statements was not answered. 

	i.  Her records do not contain and she did not provide documents such as a temporary change of station order, temporary duty order, manifest, or PERSTEMP report, or an award narrative confirming her deployment or dates of deployment. 

4.  By regulation (AR 635-5), The DD Form 214 shows in:

* item 12f, the total amount of foreign service completed during the period covered by the DD Form 214
* item 13, all awards and decorations
* item 18, for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)"

5.  By regulation (AR 600-8-22): 

	a.  The Iraq Campaign Medal is awarded to members who 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 to 31 December 2011.

	b.  The Global War on Terrorism Service Medal is authorized for award to members who have participated in the Global War on Terrorism operations outside of the designated area of operations on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty, 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.3.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  Based upon the documentary evidence provided by the applicant and found within the military service record, the Board found insufficient evidence to show that the applicant ever deployed.  Therefore, the Board recommended denying the applicant’s requested relief.

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 Army Board for Correction of Military Records (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 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military awards: It states:

	a.  The Iraq Campaign Medal is awarded to members who 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 to 31 December 2011.

	b.  The Global War on Terrorism Expeditionary Medal is authorized for award to members who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general AOE encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria including:  (1) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE; or (2), is killed, wounded, or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time.) 

	c.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 24 October 2001 and 28 February 2005, in an area for which the Afghanistan Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Afghanistan Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

	d.  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 the Global War on Terrorism operations outside of the designated AOE on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty, 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.

3.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for 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, list all awards and decorations
* item 18, for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)"

ABCMR Record of Proceedings (cont)	 AR20170013437


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