IN THE CASE OF:	  

		BOARD DATE:	 	  5 May 2009 

		DOCKET NUMBER:  AR20090001193 


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, correction of his discharge document to show he served in an imminent danger/hazardous duty area while serving in Kosovo, that he was credited with a combat air assault into Iraq in Operation Northern Delay, and that he served in Iraq in support of Operation Iraqi Freedom (OIF).

2.  The applicant states, in effect, he never received deployment orders, the Iraq Campaign Medal with Arrowhead Device, or Parachutist Badge with combat star.  He also states that he knew his separation document was wrong when he was released from active duty (REFRAD), but he did not have any orders, so did not pursue the matter at the time.

3.  The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 9 January 2004; Operation Northern Delay manifest from http://www.173rdairborne.com/manifest-iraq.htm (pages 1 and 10 of 17 pages), dated 9 December 2006; and Veterans Information Solution, https://vaww.visprod.acc.va.gov/vis/vet_mil2.asp, Veteran Profile, dated 16 July 2008.

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 military personnel records show he enlisted in the U.S. Army Reserve (USAR) in the Delayed Entry Program on 2 November 1999.  He then enlisted in the Regular Army and entered active duty for a period of 4 years on 10 January 2000.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 31U (Signal Support Systems Specialist).

3.  The applicant’s military personnel records contain a copy of Headquarters, U.S. Army Infantry Center, Fort Benning, Georgia, Orders 240-1499, dated 27 August 2000, that show he was required to perform parachute duty effective 18 August 2000 for an indefinite period.  The additional instructions of the orders show that the applicant’s hazardous duty pay will continue if he is otherwise entitled until he arrives at his new duty station, at which time it may be terminated based on the duty position assigned.

4.  The applicant’s military personnel records contain a DA Form 2-1 (Personnel Qualification Record).

	a.  Item 5 (Oversea Service) shows he served 24 months in U.S. Army Europe in Italy from 19 November 2001 through 18 November 2003.

	b.  Item 9 (Awards, Decorations, and Campaigns), in pertinent part, shows he was awarded the Parachutist Badge.

	c.  Item 17 (Civilian Education and Military Schools), in pertinent part, shows he completed the 3-week Basic Airborne course at the U.S. Army Infantry Center, Fort Benning, Georgia, in 2000.

	d.  Item 38 (Record of Assignments), in pertinent part, shows the applicant was assigned as a student to Company D, 1st Battalion, 507th Infantry, U.S. Army Infantry Center, Fort Benning, Georgia, on 18 August 2000; assigned in duty MOS 31U1P to Headquarters and Headquarters Company, 2nd Battalion, 504th Parachute Infantry Regiment, Fort Bragg, North Carolina, on 19 October 2000; and assigned in duty MOS 31U1P to the 173rd Brigade, Vicenza, Italy, on 19 November 2001.
5.  The applicant’s military personnel records contain an Enlisted Record Brief, dated 11 September 2003.  Section IX (Assignment History), in pertinent part, shows he was assigned to Headquarters and Headquarters Company, 173rd Airborne Brigade, Camp Ederle, Italy, on 26 November 2001.

6.  The applicant’s military personnel records contain a copy of Headquarters, Southern Europe Task Force (Airborne), Vicenza Transition Center, Unit 31401, Orders 311-006, dated 7 November 2003, that show, at the time, the applicant was assigned to Headquarters and Headquarters Company, 173rd Airborne Brigade, and reassigned to the Vicenza Transition Center for transition processing to be REFRAD on 9 January 2004.

7.  The applicant’s military personnel records contain a DD Form 214 that shows he entered active duty this period on 10 January 2000; was honorably REFRAD on 9 January 2004 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 4, based on completion of required active service; and transferred to the USAR Control Group (Reinforcement) to complete his remaining military service obligation.  At the time he had completed 4 years of net active service this period and 2 years, 1 month, and 21 days of foreign service.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Achievement Medal (2nd Award), National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, and Parachutist Badge.  Item 18 (Remarks) is absent any entries pertaining to overseas service.

8.  The applicant’s military personnel records contain a copy of Headquarters, Headquarters Military Intelligence Readiness Command, Fort Belvoir, Virginia, Orders 08-109-00003, dated 18 April 2008, that show the applicant was honorably discharged from the USAR effective 18 April 2008.

9.  In support of his application, the applicant provides, in pertinent part, the following documents.

	a.  Operation Northern Delay manifest (pages 1 and 10 of 17 pages) from http://www.173rdairborne.com/manifest-iraq.htm, dated 9 December 2006, that show Headquarters, 173rd Airborne Brigade, Unit 31401, Permanent Orders 145-19, dated 24 May 2004, announced award of the Bronze Star Combat Parachutist Badge and award of the arrowhead device for participation in a parachute assault landing into enemy-controlled territory from 1700Z hours, 26 March 2003, to 1737Z hours, 26 March 2003, at Bashur Drop Zone, Northern Iraq.  Page 1 of the document, in pertinent part, states "10 Chalks = 969 Jumpers" and page 10 shows the applicant’s name is listed on the document.
	b.  Veterans Information Solution, Veteran Profile, obtained from https://vaww.visprod.acc.va.gov/vis/vet_mil2.asp, dated 16 July 2008.  This document provides a summary of the applicant’s military service, combat/
deployment pay, and hazardous duty pay.  This document shows, in pertinent part, that the applicant received hostile fire pay (HFP)/imminent danger pay (IDP) and combat zone tax exclusion (CZTE) from 1 July 2002 to 31 March 2003 while serving in Kuwait and he received HFP/IDP and CZTE from 1 April 2003 to 31 October 2003 while serving in Kuwait.

10.  In connection with the processing of this case, coordination was made with Army Military Pay Operations - Indianapolis, Defense Finance and Accounting Service (DFAS), Indianapolis, Indiana.  This coordination revealed that DFAS records show the applicant received HFP/IDP for service in Macedonia from 
1-31 July 2002 and for service in Kuwait from March-October 2003.

11.  In connection with further processing of this case, coordination was made with the applicant to obtain additional supporting documents and clarification on the specific dates of his overseas service in the various geographical locations.  The applicant confirmed that he does not have deployment/redeployment orders or any other supporting documentation and, in pertinent part, stated, "no problem, don’t worry about Kosovo, but OIF 26 March 2003 until 20 October 2003."

12.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214.

13.  There is no evidence the applicant received the Global War on Terrorism Service Medal for his service from 11 September 2001 to 18 November 2001 while assigned to Headquarters and Headquarters Company, 2nd Battalion, 504th Parachute Infantry Regiment, Fort Bragg, North Carolina.

14.  There is no evidence the applicant received the first award of the Good Conduct Medal.  The applicant’s records do not contain any adverse information and there is no evidence that he was disqualified to receive the award by his commander.

15.  A search of the U.S. Army Publishing Agency, Electronic Publications website at:  http://www.army.mil/usapa/epubs/DA_General_Orders_1.html produced a copy of Headquarters, Department of the Army, Washington, DC, General Orders Number 10, dated 25 September 2006, that announced units credited with assault landings.  Section II (List) states the following units were designated by the senior Army commander in the theater of operations as having participated in a parachute (to include free fall), amphibious, or helicopter assault landing, and paragraph IIw cites "Bashur Drop Zone in Northern Iraq (Parachute), 1700Z to 1737Z hours, inclusive, 26 March 2003" and, in pertinent part, lists the "173rd Airborne Brigade, Headquarters and Headquarters Company."

16.  A search of the U.S. Army Human Resources Command Military Awards Branch Unit Awards Database shows that Headquarters and Headquarters Company, 173rd Airborne Brigade, was awarded the Meritorious Unit Commendation for meritorious service in support of military operations in Iraq from 26 March 2003 to 5 November 2003.

17.  Department of Defense Financial Management Regulation, volume 7A (Military Pay Policy and Procedures - Active Duty and Reserve Pay), chapter 10 (Special Pay - Duty Subject to Hostile Fire or Imminent Danger), paragraph 100102 (Payment), in pertinent part, provides that HFP/IDP is payable at a monthly rate.  It is payable in addition to all other pays or allowances.  Additionally, it is payable in the full amount without being prorated or reduced for each month during any part of which a member qualifies.  Active and Reserve component members who qualify at any time during a month will receive the full amount of HFP/IDP regardless of the actual period of time served on active or inactive duty during that month.

18.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth requirements for award of the basic Parachutist Badge.  Paragraph 8-10g states that a bronze service star is authorized to be worn on the parachutist badge to denote a Soldier's participation in a combat parachute jump and that orders are required to confirm award of these badges.  The regulation also states that credit for a combat parachute jump is related directly to credit for a combat assault landing for the unit to which the Soldier is assigned at the time of the assault.  The regulation specifically requires that the unit must be credited with a combat assault in order for the Soldiers to receive the parachutist badge with the bronze service star affixed and that each Soldier must physically exit the aircraft to receive combat assault credit and the parachutist badge with bronze service star.

19.  Army Regulation 600-8-22 states that individuals authorized the Iraq Campaign Medal must have served in direct support of OIF.  The area of eligibility (AOE) encompasses all land area of the country of Iraq and 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.  Only one award of the Iraq Campaign Medal may be authorized for any individual.  The Iraq Campaign Medal may be awarded with the bronze arrowhead device to eligible Soldiers.  In addition, a bronze service star is authorized for each of the Iraq campaign phases, including the Liberation of Iraq (19 March 2003 to 1 May 2003), Transition of Iraq (2 May 2003 to 28 June 2004), Iraqi Governance (29 June 2004 to 15 December 2005), and National Resolution (16 December 2005 to a date to be determined).

20.  Army Regulation 600-8-22 provides, in pertinent part, for the arrowhead to be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  The regulation specifies that individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The regulation requires that the unit must be credited with a combat assault in order for the Soldiers to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft, as appropriate.  The regulation also specifies that the arrowhead is authorized for wear on the Iraq Campaign Medal.

21.  Army Regulation 600-8-22, in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months in support of military operations.

22.  Army Regulation 600-8-22 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 the designated 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.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or 60 nonconsecutive days, or meet one of the authorized criteria.  The authorized criteria includes, in pertinent part, 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 or 60 nonconsecutive days, are authorized the GWOTSM.

23.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

24.  Army Regulation 635-5 (Personnel Separations - Separation Documents) 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 also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, the source documents for entering information on the DD Form 214 will be the Enlisted/Officer Record Brief, separation approval authority documentation, separation orders, or any other document authorized for filing in the official military personnel file.

25.  Paragraph 2-4 (Completing the DD Form 214) of Army Regulation 635-5 contains item-by-item instructions for completing the DD Form 214.  The instructions for item 18 state to use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries that are too long for their blocks.  It also states, in pertinent part, that for an active duty Soldier deployed with his or her unit during their continuous period of active service enter the statement, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates; for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show that he served overseas in Kosovo and in Iraq in support of OIF.  He also contends he should be awarded the Iraq Campaign Medal with Arrowhead Device and Parachutist Badge with combat star for a combat air assault into Iraq.

2.  The evidence of record shows the applicant was authorized HFP/IDP during the period 1-31 July 2002 for his service in a HFP/IDP area (Macedonia).  The evidence of record also shows that service members who qualify at any time during a month will receive the full amount of HFP/IDP regardless of the actual period of time served during that month.  Coordination with the applicant confirmed that he did not have any supporting documents and he did not provide any additional information regarding this period of overseas service.  Thus, there is insufficient evidence to determine the applicant’s specific period of service in Macedonia/Kosovo.  Therefore, there is insufficient evidence to support correction of the applicant’s records in this case.

3.  The evidence of record shows the applicant was authorized HFP/IDP during the period 1 March 2003 to 31 October 2003 for his service in an HFP/IDP area (Kuwait) in support of OIF.  The evidence of record shows that service members who qualify at any time during a month will receive the full amount of HFP/IDP regardless of the actual period of time served during that month.  The evidence of record also shows that the applicant participated in an assault landing into Bashur, Iraq, on 26 March 2003.  In addition, coordination with the applicant confirmed he did not have any additional supporting documents; however, the applicant indicated that he served in Iraq from 26 March 2003 to 20 October 2003.  Thus, the evidence of record supports the applicant’s claim that he served overseas in support of OIF from 26 March 2003 to 20 October 2003.  Therefore, it would be appropriate to correct the applicant’s DD Form 214 to show this overseas service in Iraq in support of OIF.

4.  Records show that orders awarded the applicant's unit with assault landing credit for participation in a parachute (to include free fall) assault landing at Bashur Drop Zone in Northern Iraq from 1700Z to 1737Z hours, inclusive, on 26 March 2003.  The evidence of record also shows the applicant is identified as a member of his unit who participated in this assault landing.

	a.  Records show the applicant was awarded the Parachutist Badge.  In view of the foregoing, it would be appropriate to authorize a bronze service star to be worn on the applicant’s Parachutist Badge to denote his participation in a combat parachute jump.

	b.  Records show the applicant served a qualifying period of service for award of the Iraq Campaign Medal.  Records also show the applicant participated in an assault landing in Iraq and he participated in the Liberation of Iraq and Transition of Iraq campaigns.  Thus, the applicant is authorized the arrowhead device to be worn on the Iraq Campaign Medal to denote his participation in a parachute assault landing, along with two bronze service stars to denote his participation in two campaigns.  Therefore, it would appropriate to correct his records to show award of the Iraq Campaign Medal with Arrowhead device and two bronze service stars.

5.  Records show that the applicant's unit was awarded the Meritorious Unit Commendation.  Therefore, it would be appropriate to correct his records to show this unit award.

6.  Records show that the applicant completed a period of active duty service qualifying for award of the Global War on Terrorism Service Medal.  Therefore, it would be appropriate to correct his records to show this service medal.

7.  Records show that the applicant completed a period of active duty enlisted service qualifying for award of the Good Conduct Medal.  Therefore, it would be appropriate to correct his records to show award of the Good Conduct Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_____X___  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity for the period from 10 January 2000 to 9 January 2003;

	b.  deleting from item 13 of his DD Form 214 the Parachutist Badge;

	c.  adding to item 13 of his DD Form 214 the Good Conduct Medal, Iraq Campaign Medal with Arrowhead device and two bronze service stars, GWOTSM, Parachutist Badge with one bronze service star, and Meritorious Unit Commendation; and

	d.  adding to item 18 of his DD Form 214 the entry, "SERVICE IN IRAQ FROM 20030326-20031020//NOTHING FOLLOWS."



2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to service in Kosovo.
  


      ____________X_____________
                 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)                                         AR20090001193



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ABCMR Record of Proceedings (cont)                                         AR20090001193



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