IN THE CASE OF: 
 
  BOARD DATE: 5 September 2023 
 
  DOCKET NUMBER: AR20230005566 
 
 
APPLICANT REQUESTS: 
 
• correction to DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect foreign service in Kuwait and Iraq from January 2003 to July 2003  

• award of all decorations related to the aforementioned foreign service 

• a personal appearance before the Board 


 
APPLICANT'S SUPPORTING DOCUMENT CONSIDERED BY THE BOARD:   
DD Form 149 (Application for Correction of Military Record) 
 
FACTS: 
 
1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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 she was deployed with the Headquarters Support Company, 62nd Engineer Battalion from January 2003 to July 2003 to Kuwait and Iraq. She would like her DD Form 214 updated to reflect her deployment into a hostile area and the respective awards for the deployment. 
 
3.  A review of the applicant’s service record shows: 
 
a. She enlisted in the Regular Army on 25 January 2001 and was awarded the military occupational specialty (MOS) of 91W, Healthcare Specialist on 20 September 2002. 
 
b.  The applicant’s service record is void of any award documentation or orders indicating that she has participated in any foreign deployments. 
 
c.  On 13 November 2003, the applicant’s separation authority approved an administrative separation in accordance with Chapter 8, Army Regulation 635-200 
(Active Duty Enlisted Administrative Separations) released the applicant from active duty, effective date of 1 December 2003. 
 
d.  She was honorably released from active duty on 1 December 2003. Her DD Form 214 shows she completed 2 years, 10 months, and 7 days of active service. Block 12f (Foreign Service) shows 0 years, 0 months, and 0 days. Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows she was awarded or authorized: 
 
• Army Lapel Button 

• National Defense Service Medal. 

• Army Service Ribbon 


 
4.  On 15 August 2023, a member of the Defense Finance Accounting Services (DFAS) staff provided email verification to confirm the applicant’s deployment to Kuwait from  
19 January 2003 to 5 July 2003. 
 
5.  By regulation (AR 15-185), an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. 
 
6.  By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. 
 
BOARD DISCUSSION: 
 
1.  The Board determined the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 
 
2.  After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was partially warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. There are no documents confirming the applicant’s deployment to Kuwait and Iraq in her service records. However, DFAS verified the applicant’s deployment to Kuwait from 19 January 2003 to 5 July 2003. There are no documents that place her in Iraq. Based on the available evidence, the Board determined her DD Form 214 should be corrected to show her foreign service and deployment to Kuwait. If the applicant has additional documents that confirm her presence in Iraq, she may reapply to this Board for reconsideration.  
BOARD VOTE: 
 
Mbr 1 Mbr 2 Mbr 3 
 
: : : GRANT FULL RELIEF 
 
xx: xx: xx: GRANT PARTIAL RELIEF 
 
: : : GRANT FORMAL HEARING 
 
: : : DENY APPLICATION 
 
 
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 ending on 1 December 2003 as follows:  
 
• Block 12f, delete 0000-00-00 and add 0000-05-17 

• Block 13, add Global War on Terrorism Service Medal and Global War on Terrorism Expeditionary Medal  

• Block 18 add Service in Kuwait 19 January 2003 to 5 July 2003 


 
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 service in Iraq and related awards. 
 
  9/5/2023

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, 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 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. 
 
2.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct.   
 
a.  The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 
 
b.  The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 
 
3.  Army Regulation 600-8-22 (Military Awards), in effect at the time, prescribes Army policy, criteria, and administrative instructions concerning individual military awards. 
 
a.  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 (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 GWOTSM. 
 
b.  The Global War on Terrorism Expeditionary Medal (GWTEM) authorizes service members that are 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.  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 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) 
 
4.  Army Regulation 635-5(Separation Documents) states the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. 
 
//NOTHING FOLLOWS//