IN THE CASE OF:	 

		BOARD DATE:	       30 APRIL 2009

		DOCKET NUMBER:  AR20090002793 


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, award of the Combat Infantryman Badge, and a certificate of service that shows he was the first to go into Baghdad.

2.  The applicant states that he was separated before all the paperwork came back from Iraq and that his DD Form 214 was not updated.

3.  The applicant provides a copy of an undated certificate of service showing he was a member of the 1st Brigade Combat Team, 3rd Infantry Division; a copy of a certificate, dated 30 April 2003, showing award of the Combat Infantryman Badge; a copy of his DD Form 214, dated 13 August 2003; a copy of a letter, dated 13 April 2004, from the Chief of Staff, 3rd Infantry Division, to the applicant’s Member of Congress regarding his subpoena and travel orders; and a copy of a U.S. Treasury check 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 12 August 1999.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11C (Indirect Fire Infantryman).  He was honorably released from active duty in the rank/grade of sergeant/E-5 and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 13 August 2003.

3.  Item 5 (Overseas Service) of the applicant’s DA Form 2-1 (Personnel Qualification Record) shows he served in Kosovo from 13 May 2001 to 26 November 2001 and in Kuwait/Iraq from 4 January 2003 to 17 July 2003.  He was assigned to Headquarters and Headquarters Company, 3rd Battalion, 69th Armor, 1st Brigade Combat Team, 3rd Infantry Division.

4.  Item 12f (Foreign Service) of the applicant’s DD Form 214 shows he completed 1 year and 23 days of foreign service.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Good Conduct Medal, the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Kosovo Campaign Medal, the Army Service Ribbon, the Noncommissioned Officer Professional Development Ribbon, the Army Lapel Button, the NATO Medal (Yugoslavia), and the Parachutist Badge.  Item 13 does not show award of the Combat Infantryman Badge.

6.  Item 18 (Remarks) of the applicant’s DD Form 214 does not show his service in Kosovo and/or Iraq.

7.  Headquarters, 1st Brigade Combat Team, 3rd Infantry Division, Permanent Orders 120-04, dated 30 April 2003, show the applicant was awarded the Combat Infantryman Badge for satisfactory performance of duty while engaged with hostile forces in support of Operation Iraqi Freedom.

8.  The applicant submitted a copy of an undated certificate of service that shows he served during Operation Iraqi Freedom with the 1st Brigade Combat Team, 3rd Infantry Division, from January 2003 to July 2003 and that the brigade was the first to reach Baghdad.

9.  An electronic mail message from the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, dated 14 January 2009, confirms that the applicant received hostile fire pay/imminent danger pay (HFP/IDP) from 1 January 2003 to 31 July 2003.

10.  HFP/IDP is a military entitlement paid for any month 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 the Soldier was subject to the threat of physical harm or imminent danger on the basis of civil insurrection, civil war, terrorism, or wartime conditions.  HFP/IDP is paid for the entire month regardless of the date the Soldier arrives in or departs the HFP/IDP designated area.

11.  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 his/her military service.  It is important that information entered on the form 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 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the total amount of foreign service completed during the period covered by the DD Form 214 is entered in item 12f and is obtained from the Soldier’s Enlisted/Officer Record Brief.  Additionally, item 18 (Remarks) of the Soldier's DD Form 214 is used for mandatory requirements when a separate block is not available.  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 COUNTY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

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

13.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility 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 Global War on Terrorism Service Medal for approved operations to units and personnel within his or her command.  The Global War on Terrorism Service Medal may be awarded posthumously.  Service members may be awarded both the Global War on Terrorism Expeditionary Medal and the Global War on Terrorism Service Medal if they meet the criteria for both awards; however, the qualifying period used to establish eligibility for one award cannot be used to justify eligibility for the other award.  Only one award of the Global War on Terrorism Service Medal 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:  (1) initial award of the Global War on Terrorism Service Medal is limited to airport security operations from 27 September 2001 through 31 May 2002 and Soldiers who supported Operations Noble Eagle, Enduring Freedom, and Iraqi Freedom; and (2) 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 days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.

14.  Army Regulation 600-8-22 states, in pertinent part, that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom.  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 Operation Iraqi Freedom.  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.  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.  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.

15.  Department of Defense Directive, dated 16 April 2008, designated four phases of Operation Iraqi Freedom as qualifying for a campaign star:  Liberation of Iraq from 19 March 2003 to 1 May 2003, Transition of Iraq from 2 May 2003 to 28 June 2004, Iraqi Governance from 29 June 2004 to 15 December 2005, and National Resolution from 16 December 2005 to a date to be determined.

16.  The Soldier Programs/Services Division, Awards Branch, Human Resources Command, database shows the 3rd Battalion, 69th Armor, was awarded the Presidential Unit Citation for the period 19 March 2003 through 1 May 2003 and the Department of the Army general orders are pending.  The instructions state that Military Personnel Divisions and Branch Managers may use listings obtained from the site to update Soldiers records; copies of Department of the Army general orders are not added to Soldiers' official military personnel files and are not necessary to update records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s record shows he served in Kuwait/Iraq from 4 January 2003 to 17 July 2003 and received HFP/IDP from 1 January 2003 to 31 July 2003.  Since HFP/IDP is paid for the whole month regardless of the date the Soldier arrives in the HFP/IDP designated area, and since his pay records show that he received HFP/IDP from January 2003 to July 2003, the applicant's period of service in Kuwait/Iraq appears to be consistent with his pay records at DFAS.  Therefore, there is sufficient evidence to show he served in Kuwait/Iraq and is entitled to correction of his DD Form 214 to show this period of service.  He is also entitled to correction of his DD Form 214 to show his service in Kosovo from 13 May 2001 to 26 November 2001.

2.  Permanent orders awarded the applicant the Combat Infantryman Badge for satisfactory performance of duty while engaged with hostile forces in support of Operation Iraqi Freedom on 30 April 2003 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 shows that the applicant served a qualifying period for award of the Global War on Terrorism Service Medal and is, therefore, entitled to correction of his records to show this award.

4.  The evidence of record also shows that the applicant's service in Iraq from 4 January 2003 to 17 July 2003 qualifies him for award of the Iraq Campaign Medal.  Furthermore, the applicant participated in the Liberation of Iraq and the Transition of Iraq campaigns during his service in Iraq and is, therefore, entitled to award of two bronze service stars to be affixed to the Iraq Campaign Medal.

5.  General orders awarded the applicant’s unit the Presidential Unit Citation which is not shown on his records; therefore, he is entitled to correction of his records to show this award.

6.  With respect to the applicant’s certificate of service, there is no provision in the governing regulation to list this certificate on the separation document.

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.  adding the entries "SERVICE IN KOSOVO, 13 MAY 2001 TO 26 NOVEMBER 2001" and "SERVICE IN KUWAIT/IRAQ, 4 JANUARY 2003 TO 17 JULY 2003" and

	b.  adding awards of the Global War on Terrorism Service Medal, the Iraq Campaign Medal with two bronze service stars, the Combat Infantryman Badge, and the Presidential Unit Citation to his DD Form 214.


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 the applicant’s certificate of 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)                                         AR20090002793



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ABCMR Record of Proceedings (cont)                                         AR20090002793



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