IN THE CASE OF:	

		BOARD DATE:	  18 December 2008

		DOCKET NUMBER:  AR20080011235 


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, in effect, that all of his awards and his combat time be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states that his unit did not do a great job of keeping up the records.  When he told the noncommissioned officer about the problem, he was told it was not their problem.  They just wanted him out.

3.  In response to an inquiry from the Board analyst, the applicant stated he is  not sure exactly when he was deployed, but he knows he was sent to Kuwait    on or about 28/29 August 2002; they returned to the States on or about         24/25 November 2002; he returned to Kuwait on or about 14 January 2003; he crossed over into Iraq on or about 21 March 2003; he returned to Kuwait on or about 5 July 2003; and he returned to the States on or about 15 July 2003.

4.  The applicant provides his re-issued DD Form 214; a DA Form 638 (Recommendation for Award); an Army Achievement Medal award certificate; deployment orders, dated 14 December 2002 with a manifest; a copy of his military identification card; a copy of his Department of Veterans Affairs card; a memorandum, dated 16 November 2002; a DA Form 5160-R (Test Administration Statement), dated 15 November 2002; a DA Form 4187 (Personnel Action), dated 13 November 2002; and Combat Infantryman Badge orders, dated 3 May 2003.



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 enlisted in the Regular Army on 29 January 2002.  He completed basic training and advanced individual training and was awarded military occupational specialty 11B (Infantryman).

3.  Records at the Defense Finance and Accounting Service (DFAS) show the applicant was paid imminent danger pay while serving in Kuwait from September 2002 through November 2002.

4.  Headquarters, 1st Battalion, 15th Infantry, Fort Benning, Georgia, Permanent Order Number 308-10 awarded the applicant the Army Achievement Medal.  The DA Form 638 recommending him for this award shows he participated in Operation Desert Spring from 18 May 2002 to 1 December 2002.

5.  The applicant provided a memorandum, dated 16 November 2002, from the Army Education Center at Camp Doha, Kuwait, showing he was administered the Armed Forces Classification Test while in Kuwait on 15 November 2002.

6.  Records at DFAS show the applicant was paid imminent danger pay in an unidentified area from January 2003 through July 2003.

7.  The applicant provided deployment orders showing he deployed with his unit to Kuwait in support of Operation Enduring Freedom on or about 12 January 2003.

8.  Headquarters, 3d Brigade, 3d Infantry Division, Permanent Order 123-1, dated 3 May 2003, awarded the applicant the Combat Infantryman Badge for the period 20 March 2003 to 14 April 2003.

9.  The applicant was discharged on 10 December 2004.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his original and re-issued DD Forms 214 show he was awarded the Global War on Terrorism Service Medal and the Army Service Ribbon.  Item 18 (Remarks) on these DD Forms 214 do not show any deployments.  Item 12f (Foreign Service) on these DD Forms 214 do not show any foreign service.

10.  Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the area of eligibility (AOE), or meet one of several other criteria.  Initial award of the GWOTEM is limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in a number of designated specific geographic AOE, to include Kuwait.

11.  Army Regulation 600-8-22 states individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom.  The AOE includes all land area of the country of Iraq.  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 Operation Iraqi Freedom.

12.  Operation Iraqi Freedom campaigns are:  Liberation of Iraq (19 March 2003 through 1 May 2003); Transition of Iraq (2 May 2003 through 28 June 2004); Iraqi Governance (29 June 2004 through 15 December 2005); and National Resolution (16 December 2005 through a date to be determined).

13.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, to include the Iraq Campaign Medal.

14.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation states, in pertinent part, that the country and dates of deployment for an active duty Soldier deployed with his or her unit during their continuous period of active service will be shown in item     18 on the DD Form 214.



DISCUSSION AND CONCLUSIONS:

1.  The award orders provided by the applicant are accepted as sufficient to show he was awarded the Army Achievement Medal and the Combat Infantryman Badge.  These awards should be added to his DD Form 214.

2.  The available evidence shows that the applicant served in Kuwait prior to his combat tour in Iraq.  DFAS records show he was paid imminent danger pay from September 2002 through November 2002.  This is very close to the dates the applicant states he was in Kuwait ("on or about 28/29 August 2002" to "to on or about 24/25 November 2002").  Had the applicant actually arrived in Kuwait on or about 28/29 August 2002 he would have been paid imminent danger pay for the month of August 2002; however, 1 September 2002 is a date reasonably close to "on or about 28/29 August 2002."  Therefore, it would be appropriate to show in item 18 of his DD Form 214 that he deployed to Kuwait from 1 September 2002 through 25 November 2002 (2 months and 25 days).

3.  Records at DFAS show the applicant was paid imminent danger pay from January 2003 through July 2003.  The applicant provided deployment orders showing he deployed to Kuwait in support of Operation Enduring Freedom on or about 12 January 2003.  He states he returned to Kuwait on or about 14 January 2003, entered Iraq on or about 21 March 2003, returned to Kuwait on or about     5 July 2003, and returned to the States on or about 15 July 2003.

4.  The applicant's statement appears to confirm that he never arrived in Afghanistan (Operation Enduring Freedom) but was instead deployed to Iraq.  It would therefore be appropriate to show in item 18 of his DD Form 214 that he deployed to Kuwait/Iraq from 12 January 2003 through 15 July 2003 (6 months and 4 days). 

5.  The deployment orders are accepted as sufficient to show the applicant arrived in Kuwait, an AOE for award of the GWOTEM, and remained there for more than 30 days until the war in Iraq started on 19 March 2003.  Therefore, the applicant's DD Form 214 should be amended to add the GWOTEM.

6.  The applicant's service in Iraq made him eligible for award of the Iraq Campaign Medal with two bronze service stars.

7.  Based upon the above deployment dates, item 12f of the applicant's DD Form 214 should be amended to show he completed 8 months and 29 days of foreign service.



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:

	a.  adding the Army Achievement Medal, the Combat Infantryman Badge, the Global War on Terrorism Expeditionary Medal, and the Iraq Campaign Medal with two bronze service stars to his DD Form 214; 

	b.  adding the entries, "Service in Kuwait 20020901 - 20021125" and "Service in Kuwait/Iraq 20030112 - 20030715" to item 18 of his DD Form 214; and

	c.  amending item 12f of his DD Form 214 to show he completed 8 months and 29 days of foreign service.




      __________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)                                         AR20080011235



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ABCMR Record of Proceedings (cont)                                         AR20080011235



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