IN THE CASE OF:	  

		BOARD DATE:	        29 January 2009

		DOCKET NUMBER:  AR20080017765 


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) to show his service in Iraq and all awarded and/or authorized awards and decorations as a result of this service.

2.  The applicant states that he served in Iraq and was awarded the Army Commendation Medal, but neither his service nor his award is shown on his DD Form 214. 

3.  The applicant provides a copy of his DD Form 214, dated 20 January 2005, a copy of DA Form 638 (Recommendation for Award) and certificate, dated 5 January 2004, showing award of the Army Commendation Medal, and a copy of an undated certificate of achievement, in support of his request.

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 that he enlisted in the Regular Army for a period of 4 years on 14 November 2002.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 21E (Heavy Construction Equipment Operator).  He was discharged on 20 November 2006.  The highest rank he held during his military service was specialist.

3.  Item 12f (Foreign Service) of the applicant’s DD Form 214 does not show any 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 Army Service Ribbon, the Global War on Terrorism Service Medal, and the Parachutist Badge. 

5.  Item 18 (Remarks) of the applicant’s DD Form 214 does not show any service in a hostile fire pay/imminent danger pay (HFP/IDP) area.

6.  Headquarters, Division Support Command, 82nd Airborne Division, Fort Bragg. North Carolina, Permanent Orders Number 358-22, dated 5 January 2004, show the applicant was awarded the Army Commendation Medal for meritorious service while assigned to the 618th Engineer Company, 307th Engineer Battalion, in support of Operation Iraqi Freedom during the period 28 August 2003 to 3 March 2004.

7.  An email from The Defense Finance and Accounting Service (DFAS), Indianapolis, Indiana, dated 9 December 2008, confirms that the applicant received HFP/IDP for service in Kuwait/Iraq from 1 September 2003 to 31 March 2004. 

8.  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.  

9.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

10.  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. 

11.  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.

12.  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.  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.  Chapter 2 of this regulation 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) and the inclusive dates (from YYYYMMDD – to YYYYMMDD)" will be entered in item 18 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his service in Iraq and award of the Army Commendation Medal.

2.  Permanent orders awarded the applicant the Army Commendation Medal for meritorious service while assigned to the 618th Engineer Company, 307th Engineer Battalion, in support of Iraqi Freedom during the period 28 August 2003 to 3 March 2004 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The evidence of record also shows that the applicant's service in Iraq from 28 August 2003 to 3 March 2004, as shown on the certificate that awarded him the Army Commendation Medal is consistent with his pay records at DFAS.  Therefore, he is entitled to correction of his DD Form 214 to show his service in Iraq and to show he completed 6 months and 5 days of foreign service.  

4.  The applicant's service in Iraq also 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.






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.  deleting the entry “0000  00  00” from Item 12f of his DD Form 214 and adding the entry “0000  06  05”; 

	b.  adding award of the Army Commendation Medal and the Iraq Campaign Medal with one bronze service star to Item 13 of his DD Form 214; and

	c.  adding the entry "Service in Kuwait/Iraq from 28 August 2003 to 3 March 2004" to Item 18 of the applicant's DD Form 214.




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      _______ _   _______   ___
               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)                                         AR20080017765



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ABCMR Record of Proceedings (cont)                                         AR20080017765



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