IN THE CASE OF:	

		BOARD DATE:	18 August 2009  

		DOCKET NUMBER:  AR20090002890 


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 two overseas deployments.

2.  The applicant states that there is no record of his deployments to Iraq or Afghanistan on his current DD Form 214.  He continues, in effect, that having overseas deployments annotated on one's DD Form 214 is a requirement for certain occupations.  He concludes that he has documentation supporting his time overseas.

3.  The applicant provides copies of a DD Form 214, deployment orders (Afghanistan), redeployment orders (Iraq), and a Deployment History Report as documentary evidence in support of this 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 enlisted in the United States Army Reserve under the provisions of the Delayed Entry Program on 19 February 1999 and enlisted in the Regular Army on 7 October 1999.  He completed basic combat training and advanced individual training.  Upon completion of advanced individual training, he was awarded the military occupational specialty (MOS) 96B (Intelligence Analyst).  At the time of his separation, the applicant held the rank of sergeant (SGT)/pay grade E-5.  On 20 December 2003, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement) with an honorable characterization of service.

3.  The applicant provides Headquarters, 10th Mountain Division (Light Infantry (LI)) and Fort Drum, Fort Drum, New York, Orders 331-603, dated 27 November 2001, which show a portion of Headquarters and Headquarters Company, 10th Mountain Division (LI) was deployed to the United States Army Central Command (USCENTCOM) Area of Responsibility (AOR) on a temporary change of station in support of Operation Enduring Freedom effective 1 December 2001 for a period of 365 days.  The order refers to "Annex A" for a listing of detachment members, but the applicant did not provide a copy of the annex.  The order also does not specifically identify to which country or geographic region the detachment was being deployed.

4.  The applicant provides Headquarters, 173d Airborne Brigade, Kirkuk, Iraq, Permanent Orders Number 258-13, dated 15 September 2003, which show he redeployed to Fort Drum, New York, effective 15 September 2003.

5.   The applicant provides Headquarters, 173d Airborne Brigade, Kirkuk, Iraq, Memorandum, dated 15 September 2003, Subject:  Deployment Awards for Operation Iraqi Freedom, which shows he was deployed to Iraq in support of Operation Iraqi Freedom from 1 April 2003 to 15 September 2003.  This memorandum also authorized the applicant to wear his unit's Shoulder Sleeve Insignia - Former Wartime Service, an overseas service stripe, and any additional awards and/or ribbons issued for this campaign in accordance with future military personnel messages.

6.  The applicant provides a Service Member Deployment History Outprocessing Verification Report covering the period of 1 June 2000 through 30 October 2003, dated 30 October 2003.  This report shows the applicant deployed to a location outside the continental United States during the period of 29 November 2001 through 28 May 2002.  This report also shows the applicant deployed to a location outside the continental United States during the period of 26 March 2003 through 19 September 2003.

7.  The applicant's Official Military Personnel File contains a DA Form 2166-8 (Noncommissioned Officer (NCO) Evaluation Report), dated 12 November 2003, which was rendered to cover the period November 2002 through October 2003.  This form, in pertinent parts, shows the applicant deployed to Iraq and participated in Operation Iraqi Freedom.

8.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows he served overseas 0 years, 0 months, and 0 days.  Item 18 (Remarks) of this form does not show the applicant served overseas during his period of active duty.

9.  Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show awards or authorization for any awards or decorations which are typically associated with overseas deployments.

10.  A query of the applicant's Master Military Pay Account (MMPA) maintained by the Department of Defense Finance and Accounting Service (DFAS) revealed that he received pay and tax exclusion entitlements associated with deployment to Kuwait during the period 1 December 2001 through 31 December 2001 and Afghanistan during the period 1 January 2002 through 31 May 2002.

11.  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 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.  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.

12.  Army Regulation 600-8-22 states that individuals authorized the Afghanistan Campaign Medal must have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility encompasses all land area of the country of Afghanistan and all air spaces above the land.  The Afghanistan Campaign Medal period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  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: 
	a.  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, 
	b.  is wounded or injured and requires medical evacuation from the area of eligibility, or 
	c.  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. 

13.  Army Regulation 600-8-22 states that award of the Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation.  The area of eligibility encompasses all land area of the country of Iraq and the contiguous sea area out to 12 nautical miles and the air space above these areas.  To qualify for award of this campaign medal, service members must have been assigned or attached to or mobilized with units operating in these areas of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:

	a.  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; 

	b.  be medically evacuated from the area of eligibility for wounds or injuries resulting from participation in an operation or official duties; and

	c.  participates 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].  This campaign medal may be awarded posthumously.

14.  Department of the Army MILPER [Military Personnel] Message 08-123, issued on 30 April 2008, provided guidance on the criteria, applicability, and standards on awarding and wearing of bronze service stars on the Afghanistan Campaign Medal and the Iraq Campaign Medal.  This message shows, in pertinent part, that during the applicant's tour of duty in Afghanistan he completed a qualifying period of service during the Consolidation I Campaign (1 December 2001 through 30 September 2006).  This message further shows that during the applicant's tour of duty in Iraq, he completed a qualifying period of service during two campaigns:  Liberation of Iraq (19 March 2003 through 1 May 2003) and Transition of Iraq (2 May 2003 through 28 June 2004).

15.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers upon retirement, discharge, release from active duty service, or control of the Active Army.  Specifically, it states that:

	a.  for block 12f, the total amount of foreign service completed during their continuous period of active service will be entered; and

	b.  for block 18, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected to show his two overseas deployments was carefully considered and determined to have merit.

2.  Although the deployment orders provided by the applicant did not include a copy of "Annex A" which listed the detachment members who were identified to deploy, his Deployment History Report corroborates that he deployed to a location outside the continental United States during the period of 29 November 2001 through 28 May 2002.  Additionally, a query of the applicant's MMPA main-tained by DFAS revealed that he received pay and tax exclusion entitlements associated with deployment to Kuwait during the period of 1 December 2001 through 31 December 2001 and Afghanistan during the period of 1 January 2002 through 31 May 2002.  Therefore, it may be deduced that the applicant served in the countries of Kuwait and Afghanistan during the period of 29 November 2001 through 28 May 2002, a total of six months.

3.  A memorandum from the applicant's unit clearly shows he deployed to Iraq in support of Operation Iraqi Freedom during the period 1 April 2003 through 15 September 2003.  This period of deployment is corroborated by the applicant's NCO Evaluation Report and his Deployment History Report which shows he was deployed to an overseas location during the period of 26 March 2003 through 19 September 2003, a total of 5 months and 25 days.

4.  Evidence shows the applicant served a qualifying period of service in a designated area of eligibility for award of the Global War on Terrorism Service Medal.  Therefore, the applicant is entitled to have his records corrected to show this award.

5.  Evidence shows the applicant served a qualifying period of service in Afghanistan for award of the Afghanistan Campaign Medal and that he participated in one campaign.  Therefore, the applicant is entitled to correction of his records to show the Afghanistan Campaign Medal with one bronze service star.

6.  Evidence shows the applicant served a qualifying period of service in Iraq for award of the Iraq Campaign Medal and that he participated in two campaigns.  Therefore, the applicant is entitled to correction of his records to show the Iraq Campaign Medal with two bronze service stars.

7.  Army Regulation 635-5 prescribes that Item 12f will show the total amount of foreign service completed during the period covered in block 12c.  This regulation further prescribes that the remarks section of a DD Form 214 for an active duty Soldier deployed with his or her unit during their continuous period of active service will include the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."  Therefore, the applicant is entitled to correction of his DD Form 214 to show his deployments to Kuwait and Afghanistan during the period 29 November 2001 through 28 May 2002 and to Iraq during the period 26 March 2003 through 19 September 2003, for a combined total of 11 months and 25 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 full relief.  As a result, the Board recommends that the applicant's DD Form 214 be corrected by:

	a.  deleting the current entry in Block 12f and adding the entry “0000  11  25”;

	b.  adding to block 13 of the applicant's DD Form 214 the Global War on Terrorism Service Medal, the Afghanistan Campaign Medal with one bronze service star, and the Iraq Campaign Medal with two bronze service stars;

	c.  adding to block 18 of the applicant's DD Form 214 the entry "SERVICE IN KUWAIT AND AFGHANISTAN FROM 20011129 - 20020528//SERVICE IN IRAQ FROM 20030326 - 20030919"; and

	d.  providing the applicant a correction to his DD Form 214 to show these changes.



      _______ _   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)                                         AR20090002890





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090002890



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1