IN THE CASE OF:	  

		BOARD DATE:	        09 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080010022 


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 records to show his Foreign Service in Iraq from January 2003 to August 2003 and award of the Iraqi Freedom Medal [sic] (Iraq Campaign Medal).

2.  The applicant states that he served in Iraq from January 2003 to August 2003 and should be entitled to correction of his records to show his foreign service and his award of the Iraq Campaign Medal.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 3 November 2003; and a copy of a Certificate of service in Iraq, 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 enlisted in the Regular Army for a period of 4 years on 5 July 2001.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 19K (M-1 Armor Crewman).  He was honorably discharged 3 November 2004 under the provisions of Army Regulation 635-40, paragraph 4-24b(4), by reason of disability, existed prior to service, PEB [Physical Evaluation Board].  The highest rank/grade he attained during his military service was specialist (SPC)/E-4.

3.  Item 12f (Foreign Service) of the applicant’s DD Form 214 shows the entry “0000  00  00,” indicating he did not complete any period of Foreign Service. 

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Global War on Terrorism Service Medal, the Army Service Ribbon, the Army Good Conduct Medal, the Presidential Unit Citation (Army), and the Army Lapel Button.  Item 13 does not show award of the Iraq Campaign Medal.

5.  Item 18 (Remarks) of the applicant’s DD Form 214 does not show an entry for service in Iraq or the period of that service.

6.  An email from the Defense Finance and Accounting Service (DFAS), Indianapolis, Indiana, dated 20 August 2008, confirms that the applicant received Hostile Fire Pay/Imminent Danger Pay (HFP/IDP) from 1 January 2003 to 31 August 2003 for service in Kuwait. 

7.  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.  

8.  The applicant submitted a copy of a Certificate of Service that shows he was cited for meritorious service with the 1st Brigade Combat Team, 3rd Infantry Division, during Operation Iraqi Freedom, from January 2003 to July 2003.     



9.  The Awards Branch of the U.S. Army Human Resources Command, Alexandria, Virginia, official unit awards website, shows the 1st Brigade, 3rd Infantry Division, was awarded the Presidential Unit Citation from 19 March 2003 to 1 May 2003, based on a pending Department of the Army General Order. 

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate. 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.  Army Regulation 635-5 states, in pertinent part, for item 12f, from the Enlisted Record Brief (ERB), enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service this Period).  Army Regulation 635-5 also states, in pertinent part, that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18 (Remarks).

11.  Army Regulation 600-8-22 (Military Awards) 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 meet one of the following criteria:  

	(1)  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,
	(2)  is wounded or injured and requires medical evacuation from the area of eligibility, or 

	(3)  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. 

The following rules, in effect, apply to award of the Iraq Campaign Medal:  Only one award of the Iraq Campaign Medal may be authorized for any individual, and under no condition will personnel receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period or service. 

12.  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 Liberation of Iraq, 19 March 2003 to 1 May 2003, and the Transition of Iraq, 2 May 2003 to 28 June 2004, campaigns 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.  With respect to the applicant’s foreign service, the evidence of record shows that the applicant was assigned to a unit that served in Iraq in support of Operation Iraqi Freedom and that the applicant's pay records maintained by DFAS show that the he received HFP/IDP from 1 January 2003 to 31 August 2003.  Furthermore, the applicant's unit was awarded the Presidential Unit Citation during the period 19 March 2003 to 1 May 2003.

2.  The applicant's service in Iraq is therefore not in question; however, his beginning and ending dates of service remain problematic.  There is no evidence in his records that confirms his beginning and ending dates of service.  Nevertheless, since HFP/IDP is paid for the whole month regardless of the date the Soldier arrives in the HFP/IDP designated area and since the applicant's pay records show that he received HFP/IDP from 1 January 2003 to 31 August 2003, it is appropriate to establish the beginning and ending dates of his service in Iraq as the middle of the month, which remains consistent with his pay records at DFAS.  Therefore, there is sufficient evidence to correct his records to show his service in Iraq as 15 January 2003 to 15 August 2003.


3.  The evidence of record shows that the applicant served a qualifying period for award of the Iraq Campaign Medal and is therefore entitled to correction of his records to show this award.  Furthermore, the applicant participated in two campaigns while serving in Iraq and is therefore entitled to award of two bronze service stars to be affixed to the Iraq Campaign Medal.

BOARD VOTE:

__XXX __  __XXX__  __XXX__   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 entry "0000 00 00" from Item 12f of his DD Form 214 and replacing it with the entry "0000 07 01,"

	b.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20030115 to 20030815" to Item 18 of his DD Form 214; and

   c.  showing award of the Iraq Campaign Medal with two bronze service stars on his DD Form 214.



      ___        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)                                         AR20080010022



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ABCMR Record of Proceedings (cont)                                         AR20080010022



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