RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 September 2007
      DOCKET NUMBER:  AR20070003983


      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             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Ms. LaVerne Berry                 |     |Member               |
|     |Mr. Ronald Gant                   |     |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, that his service in Iraq be added
his DD Form 214, Certificate of Release or Discharge from Active Duty, and
that any awards issued after his discharge also be added to this document.

2.  The applicant states, in effect, that he served in Iraq.

3.  In support of his request, the applicant provides a copy of his DD Form
214, with an effective date of release from active duty of 27 August 1971
and 18 November 2003.

CONSIDERATION OF EVIDENCE:

1.  Title 10, US 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 was ordered to active duty in support of Operation
Enduring Freedom / Iraqi Freedom in accordance with (IAW) 10 United States
Code (USC) 12302 on 30 January 2003.  He was released from active duty on
18 November 2003.

3.  Item 12f (Foreign Service), of the applicant's DD Form 214, shows the
entry 0000 Years / 00 Months / 00 days.  There is no entry in Item 18
(Remarks), of the applicant's DD Form 214, to show he accrued foreign
service while he was on active duty.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized (All periods of service), of the applicant's DD Form
214, shows he earned the following awards:  Air Medal (21st Award) //
Marine Corps Good Conduct Medal // Army Reserve Components Achievement
Medal (2d Award) // National Defense Service Medal (2d Award) / Armed
Forces Reserve

Medal, with "M" Device // Vietnam Service Medal, with two Bronze Service
Stars // Army Service Ribbon // Republic of Vietnam Gallantry Cross, with
Palm, Unit Citation // Republic of Vietnam Campaign Medal // Senior
Aircraft Crewman Badge // Marine Corps Combat Aircrew Wings.

5.  Verification was received from the Defense Finance and Accounting
Service the applicant was paid Hostile Fire Pay / Imminent Danger Pay
(HFP/IDP) for the period 1 March 2003 through 31 October 2003.

6.  Item 18 (Remarks), of the applicant's DD Form 214, shows the following
entries related to his foreign service:  "Individual completed period for
which ordered to active duty for purpose of post service benefits and
entitlements // Ordered to active duty in support of Operation Enduring
Freedom / Iraqi Freedom IAW 10 USC 12302 // Member has completed first full
term of service // Place of Duty:  Stockton CA / Fort Lewis WA // Romania /
Jordan / Iraq / Kuwait //."

7.  The applicant's DD Form 214 for his Marine Corps service shows he
served in Vietnam for the period 5 May 1969 through 30 March 1970.

8.  The Vietnam Service Medal shown on his DD Forms 214 were awarded with
two bronze service stars affixed to them to indicate he served in two
campaigns of the Vietnam War.  During the period shown in the paragraph
above, three campaigns were declared.  These campaigns were the: Tet 69
Counteroffensive, which extended from 23 February through 8 June 1969;
the Vietnam Summer-Fall 1969, which extended from 9 June through 31
October 1969; and the Vietnam Winter-Spring 1970, which extended from 1
November 1969 through 30 April 1970.

9.  AR 600-8-22 authorizes award of a bronze service star, based on
qualifying service, for each campaign listed in Appendix B of this
regulation.  This regulation states that authorized bronze service stars
will be worn on the appropriate campaign or service medal, including the
Vietnam Service Medal.

10.  Human Resources Command Message (Date Time Group 17 March 2004)
disseminated implementing instructions for award of the Global War on
Terrorism Expeditionary Medal for Soldiers who deployed abroad for service
in the Global War on Terrorism Operations, on or after 11 September 2001,
to a date to be
determined.  To be eligible for this award, a Soldier must have been
mobilized with or assigned or attached to a unit participating in
designated operations for 30 consecutive days or for 60 nonconsecutive days
in the areas of eligibility designated, or they must have met one of the
following criteria:  a)  been

engaged in actual ground combat against the enemy and under circumstances
involving grave danger of death or serious bodily injury from enemy action,
regardless, of the time in the area of eligibility; b) while participating
in the designated operation, regardless of time, was killed or
wounded/injured requiring medical evacuation from the area of eligibility,
or c) participated as a regularly assigned air crew member flying sorties
for 30 consecutive days or 60 nonconsecutive days into, out of, within, or
over the area of eligibility in direct support of Operations Enduring
Freedom and/or Iraqi Freedom.  The message also states that under no
condition would any Soldier in the United States receive this award.

11.  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.

12.  AR 635-5 prescribes the separation documents that must be prepared for
Soldiers on retirement, discharge, release from active duty service, or
control of the active Army.  It establishes standardized policy for
preparing and distributing the DD Form 214 (Certificate of Release or
Discharge from Active Duty).  The edition of this regulation in effect on
the date of the applicant's release from active duty specified that, total
active duty outside continental limits of the United States for the period
covered by the DD Form 214 would be entered in Item 12f.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Iraq in support of Operation Enduring Freedom /
Iraqi Freedom.  He is entitled to correction of Item 12f, of his DD Form
214, to show his foreign service.

2.  The applicant served in Iraq in support of Operation Enduring Freedom /
Iraqi Freedom, during the period 1 March 2003 through 31 October 2003.  He
is therefore entitled to award of the Global War on Terrorism Expeditionary
Medal and the Global War on Terrorism Service Medal and to have these
awards added to his DD Form 214.

3.  The applicant served in Vietnam during the period from 5 May 1969
through 30 March 1970.  During this period, three campaigns were
declared.  He was awarded the Vietnam Service Medal, with two bronze
service stars.  He is entitled to award of the Vietnam Service Medal,
with three bronze service stars.  He is entitled to correction of his DD
Form 214 to show the correct number of bronze service stars to denote his
correct campaign participation credit.

BOARD VOTE:

___A____  __LB____  __RG___  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.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:

      a.  deleting the Vietnam Service Medal, with two bronze service
stars, from the DD Form 214, with an effective date 18 November 2003 the
applicant was issued for his Army service in support of Operation Enduring
Freedom / Iraqi Freedom, and awarding him the Vietnam Service Medal, with
three bronze service stars, to denote his correct Vietnam campaign
participation credit and adding this award to his DD Form 214;

      b.  correcting Item 12f (Foreign Service), of the applicant's DD Form
214 to show the entry:  0000 Years / 08 Months / 00 days; and

      c.  awarding the applicant the Global War on Terrorism Expeditionary
Medal and the Global War on Terrorism Service Medal and adding these awards
to his DD Form 214.




                                  _____James E. Anderholm______
                                            CHAIRPERSON
                                    INDEX

|CASE ID                 |AR20070003983                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070918                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |120.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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