IN THE CASE OF:	  

		BOARD DATE:	       30 October 2008

		DOCKET NUMBER:  AR20080008034 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 13 September 2003 as follows:

	a.  Show his prior active service and prior awards;

	b.  Show his service in Iraq; and

	c.  Show all awards and decorations as a result of his service in Iraq.

2.  The applicant states that he served faithfully, defended his country proudly, and earned each award.  

3.  The applicant did not provide any additional documentary evidence in support of his application.

CONSIDERATION OF EVIDENCE:

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 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's records show he initially enlisted in the Regular Army on 24 February 1994.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 63W (Wheeled Vehicle Repairer).  He was honorably released from active duty in the rank of specialist (SPC)/E-4 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) on 29 November 1997, after completing 3 years, 9 months, and 6 days of creditable active military service.

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, dated 29 November 1997, shows he was awarded the Army Commendation Medal, the Army Achievement Medal (1st Oak Leaf Cluster), the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon (2nd Award), and the Good Conduct Medal.

4.  After a break-in-service, the applicant enlisted in the Regular Army for a period of 3 years in the rank/grade of SPC/E-4 on 1 November 2001.  He was assigned to the 123rd Main Support Battalion, 1st Armored Division, Germany.

5.  On or around 3 May 2003, the applicant deployed with his unit to Kuwait/Iraq in support of Operation Iraqi Freedom.

6.  On 7 August 2003, while serving in Iraq, Court-Martial charges were preferred against the applicant for miscellaneous specifications of wrongfully consuming and possessing alcohol, driving a military vehicle while drunk, and wrongfully communicating threats to Soldiers.  Following consultation with legal counsel, he requested discharge under the provisions of chapter 10, Army Regulation (AR) 635-200 (Personnel Separations) for the good of the service in lieu of trial by court-martial.

7.  On 27 August 2003, the separation authority approved the applicant's request for discharge for the good of the service in accordance with chapter 10 of AR 635-200 and directed he receive an Under Other Than Honorable Conditions Discharge Certificate and be reduced to the lowest enlisted grade.  On 13 September 2003, the applicant was discharged accordingly.  The DD Form 214 he was issued at the time of his discharge shows he completed 1 year, 10 months, and 13 days of creditable active military service during this period of military service.

8.  Item 12d (Total Prior Active Service) of the applicant's DD Form 214, dated 13 September 2003 shows the entry "03  09  06," indicating that the applicant completed 3 years, 9 months, and 6 days of prior active military service.

9.  Item 13 of the applicant's DD Form 214, dated 13 September 2003, shows the entry "Army Service Ribbon." 

10. An electronic mail (email) from the Defense Finance and Accounting Service (DFAS), Indianapolis, Indiana, dated 14 October 2008, confirmed the applicant received Hostile Fire Pay/Imminent Danger Pay (HFP/IDP) from May 2003 to September 2003.

11.  HFP/IDP is a military entitlement paid for any month [emphasis added] in which a Soldier was entitled to basic pay and in which he/she was subject to hostile fire or explosion of hostile mines; on duty in an area in which he/she was in imminent danger of being exposed to hostile fire or explosion of hostile mines and in which, during the period he/she was on duty in that area, other members of the uniformed services were subject to hostile fire or explosion of hostile mines; killed, injured, or wounded by hostile fire, explosion of a hostile mine, or any other hostile action; or on duty in a foreign area in which he was subject to the threat of physical harm or imminent danger on the basis of civil insurrection, civil war, terrorism, or wartime conditions.  

12.  Headquarters, 1st Armored Division Support Command, Permanent Order Number 265-2, dated 1 November 2003, shows the applicant was awarded the Army Commendation Medal for meritorious service during the period 26 October 2001 to 1 November 2003.

13.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  

14.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that:

	a.  Item 12d shows the total amount of prior active duty service minus lost time.  This information is obtained from previously issued DD Forms 214.

	b.  Item 13 reflects decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.

15.  Army Regulation 600-8-22 (Military Awards) states that 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 the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined.  Battalion commanders and commanders of separate units have the authority to award the GWOTSM for approved operations to units and personnel within his or her command.  The GWOTSM may be awarded posthumously.  Only one award of the GWOTSM may be authorized to any individual; therefore, second and subsequent awards will not be awarded.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive 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, while participating in an operation or on official duties,

	b.  is wounded or injured and requires medical evacuation from the area of eligibility, or 

	c.  while participating 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. 

16.  Army Regulation 600-8-22 states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom (OIF).  The area of eligibility encompasses all land area of the country of Iraq, and 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 a future date to be determined by the Secretary of Defense or the cessation of OIF. Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq 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.  Service members 
must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days or be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, while participating in an operation or on official duties, or is wounded or injured and requires medical evacuation from the area of eligibility, or while participating 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. 

17.  A directive issued by the Department of Defense on 16 April 2008 designated four phases of Operation Iraqi Freedom as qualifying for a campaign star.  The applicant's records show that he participated in the Transition of Iraq, 2 May 2003 to 28 June 2004, campaign during his tour of duty in Iraq.  This same regulation states that a bronze service star will be awarded for wear on the Iraq Campaign Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant participated in the Global War on Terrorism in support of Operation Iraqi Freedom and served a qualifying period for award of the Global War on Terrorism Service Medal.  Therefore, he is entitled to correction of his records to show this award.

2.  The evidence of record shows that the applicant served in Kuwait/Iraq in support of Operation Iraqi Freedom from May 2003 to September 2003.  This period of service in the HFP/IDP area qualifies him for award of the Iraq Campaign Medal.  Furthermore, the applicant participated in one campaign while serving in Iraq and is therefore entitled to award of a bronze service star to be affixed to the Iraq Campaign Medal.

3.  Permanent orders awarded the applicant the Army Commendation Medal for meritorious service, which is not shown on his records; therefore, he is entitled to correction of his records to show this award.

4.  With respect to the applicant's prior active military service, Item 12d of his DD Form 214, dated 13 September 2003 already reflects this period of service.  Therefore, there is no further action required.

5.  With respect to the applicant's previous awards, the applicable regulation states to list awards for all periods of service as verified by the Soldier's records.  Therefore, the applicant's DD Form 214, dated 13 September 2003, should be corrected to include all authorized awards.

BOARD VOTE:

___X____  ___X____  __X_____  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 showing, in addition to the Army Service Ribbon that is already shown on the applicant's DD Form 214, dated 13 September 2003, Army Commendation Medal, Army Achievement Medal (1st oak leaf cluster), Good Conduct Medal, National Defense Service Medal, Iraq Campaign Medal with one bronze service star, Global War on Terrorism Service Medal, and the Overseas Service Ribbon with Numeral 2.


															XXX
      ______________________
               CHAIRPERSON
      
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.
ABCMR Record of Proceedings (cont)                                         AR20080008034



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