RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  31 July 2007
	DOCKET NUMBER:  AR20070000307 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

MS. Joyce A. Wright 

Analyst

The following members, a quorum, were present:


Ms. Jeanette R. McCants

Chairperson

Mr. Thomas M. Ray

Member

Mr. Jeffrey C. Redmann

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214 (Certificate of Release or Discharge from Active Duty), to show that he was awarded the Iraq Campaign Medal and that his records be corrected to show that he served during Operation Iraqi Freedom (OIF).  

2.  The applicant states, in effect, that he was redeployed prior to his unit returning and that none of his campaigns badges or combat status is noted on his DD Form 214, prior to his ETS (expiration of term of service) from the Army. 

3.  The applicant provides a copy of his DD Form 214 in support of his request. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 20 December 2003, the date of his release from active duty.  The application submitted in this case is dated 26 December 2006.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's record shows he enlisted in the U. S. Army Reserve (USAR) Delayed Entry Program (DEP) on 16 July 1998.  He enlisted in the Regular Army on 26 August 1998.  He was trained in military occupational specialty (MOS), 44E, as a machinist.  He served in Korea from 10 March 1999 to 7 March 2000.  He was advanced to pay grade E-4 on 1 May 2001.  He continued to serve until he was released from active duty on 20 December 2003.  He was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement).  

4.  Item 12f (Foreign Service), on his DD Form 214, shows the entry, "0000 11 28" (11 months and 28 days).

5.  Information provided by DFAS (Defense Finance and Accounting Service), through email, revealed that the applicant served in Kuwait from April 2003 to September 2003.

6.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 
12f.  The regulation also states that the amount of foreign service will be taken from the Soldier's Enlisted Qualification Record or, if necessary, verified from the Soldier's Military Personnel Records Jacket.  For active duty Soldiers deployed with their unit during their continuous period of active service, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) from (Inclusive dates, for example, YYYYMMDD-YYYYMMDD) will be entered in item 18 (Remarks), of the DD Form 214.  

7.  Military Awards Branch Message [dated 8 April 2005] provided the following implementing instructions for award of the Iraq Campaign Medal.  Award of the Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation.  The area of eligibility encompasses all land area of the country of Iraq and the contiguous sea area out to 12 nautical miles and the air space above these areas.  To qualify for award of this campaign medal, service members must have been assigned or attached to or mobilized with units operating in these areas of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:  a) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; b) be medically evacuated from the area of eligibility for wounds or injuries resulting from participation in an operation or official duties; or c)  participates as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations
[each day of operations counts as one day of eligibility].  This campaign medal may be awarded posthumously.

8.  Human Resources Command Message (Date Time Group 17 March 2004) disseminated implementing instructions for award of the Global War on Terrorism Service Medal.  This award is designated for Soldiers who have participated in or served in support of Global War on Terrorism Operations outside of the designated area of eligibility determined for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a date to be determined.  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 this award.  

9.  Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The area of eligibility and period of eligibility are as follows:  
	(1)  the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles,
	(2)  all air spaces above the land and water area.
The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 
Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:  
	(1)  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, 
	(2)  wounded or injured in the line of duty and required medical evacuation from the area of eligibility, or
	(3)  participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 or 60-day requirement, and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period. 
Service members qualified for the Armed Forces Expeditionary Medal by reasons of service between 1 October 1966 and 30 June 1974, in an area for which the KDSM was subsequently authorized are eligible for both the Armed Forces Expeditionary Medal and the KDSM.  Award of the KDSM for this time period is a one-time exception to policy to comply with section 543 of the National Defense Authorization Act of Fiscal Year 2003, Public Law 107-314. 


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was deployed to Kuwait, in support of OIF, from April 2003 to September 2003, for 6 months.  The applicant is therefore eligible for award of the Iraq Campaign Medal and the Global War on Terrorism Service Medal and to have these awards added to his DD Form 214, dated 20 December 2003.  

2.  The applicant's deployment to Kuwait, which consisted of 6 months, and his current foreign service of 11 months and 28 days, combined together equated   to 1 year, 5 months, and 28 days of foreign service.  As such, 1 year, 5 months, and 28 days of foreign service should be reflected in item 12f, of his DD Form 214.  Therefore, he is entitled to correction of item 12f, of his DD Form 214, to show the entry "0001 05 28" (1 year, 5 months, and 28 days) instead of the entry "0000 11 28" (11 months and 28 days).  He is also entitled to correction of item 18 (Remarks), of his DD Form 214, to show the entry "SERVICE IN KUWAIT FROM 20030401-20030930."

3.  The applicant served in Korea during the qualifying period for award of the Korean Defense Service Medal.  Therefore, he is entitled to this award and to have it added to his DD Form 214.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 20 December 2003; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 19 December 2006.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

___JM___  ___JCR_  __TMR__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:  

	a.  showing the entry "0001 05 28" in item 12f (Foreign Service), of his DD Form 214; 

	b.  awarding the applicant the Iraq Campaign Medal, the Global War on Terrorism Service Medal, and the Korean Defense Service Medal and adding these awards to item 13 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214; and

	c.  showing the entry, "SERVICE IN KUWAIT FROM 20030401 TO 20030930" in item 18 (Remarks), of his DD Form 214.




_____Jeanette McCants______
          CHAIRPERSON




INDEX

CASE ID
AR20070000307
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070731
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
20031220
DISCHARGE AUTHORITY
AR 635-200, chapt 4.
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.