BOARD DATE:	  4 August 2009

		DOCKET NUMBER:  AR20090003631 


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 discharge document to show his service in Iraq and all authorized awards.

2.  The applicant states, in effect, he served in Iraq and was also awarded the Army Commendation Medal for meritorious service while participating in Operation Iraqi Freedom from 9 April to 1 June 2003.

3.  The applicant provides, in support of his application, copies of a DA Form
638 (Recommendation for Award), dated 28 June 2003; DA Form 4980-14 (The Army Commendation Medal Certificate), dated 26 June 2003; and DD Form 363A (Certificate of Retirement), dated 16 August 2007.

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 Army National Guard on 18 July 2000 and was ordered to initial active duty training (IADT) on 20 September 2000.  Upon completion of training, he was awarded military occupational specialty (MOS) 77W (Water Treatment Specialist) and was honorably released from IADT on
23 March 2001.

3.  The applicant enlisted in the Regular Army (RA) and entered active duty for a period of 3 years on 1 November 2002.  The applicant’s primary MOS was redesignated as MOS 92W (Water Treatment Specialist).

4.  The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he entered active duty this period on 1 November 2002, was honorably retired on 22 September 2005, and placed on the temporary disability retired list.

   a.  At the time he had completed 2 years, 10 months, and 22 days of net active service; 7 months and 5 days of total prior active service; and 1 year,
8 months, and 8 days of total prior inactive service.

   b.  Item 12 (Record of Service), block f (Foreign Service), fails to show the applicant completed any foreign service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the applicant was awarded the National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, and Army Service Ribbon.

   c.  Item 18 (Remarks), in pertinent part, contains the entry, "SOLDIER PARTICIPATED IN OPERATION ENDURING FREEDOM AND OPERATION IRAQI FREEDOM; IRAQ; 20020901-20030826//'SERVED IN A DESIGNATED IMMINENT DANGER PAY AREA.'"  

5.  In support of his application, the applicant provides the following documents.

   a.  A Recommendation for Award and Army Commendation Medal Certificate that show, in pertinent part, Headquarters, 800th Military Police Brigade (Camp Arifjan, Kuwait), Permanent Orders Number 177-016, dated 26 June 2003, awarded the applicant the Army Commendation Medal for meritorious service while participating in Operation Iraqi Freedom from 9 April to 1 June 2003.
   
	b.  A Certificate of Retirement that shows the applicant was honorably retired from the U.S. Army on 16 August 2007.

6.  In connection with the processing of this case, the Army Military Pay Operations - Indianapolis, Defense Finance and Accounting Service (DFAS), Indianapolis, Indiana, was asked to verify the period of service the applicant was authorized hostile fire pay/imminent danger pay (HFP/IDP).  DFAS responded that the applicant received HFP for service in a combat zone (i.e., Kuwait) from   1 April to 31 July 2003 and the applicant’s "actual boots on the ground" was from 1 April to 5 July 2003.

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

   a.  There is no evidence the applicant was awarded the Good Conduct Medal.  The applicant’s records are absent any adverse information, records show he served honorably during the period of service under review, and there is no evidence the applicant’s commander denied him award of the Good Conduct Medal.

   b.  Army Regulation 600-8-22 (Military Awards) 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.  

8.  Department of Defense (DoD) Financial Management Regulation (FMR), 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 Hostile Fire Pay (HFP)/Imminent Danger Pay (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.

9.  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 (ERB/ORB), separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File (OMPF).

10.  Paragraph 2-4 (Completing the DD Form 214) of the Separation Documents regulation contains item-by-item instructions for completing the DD Form 214.

   a.  Item 12 states to use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  It also provides for item 12, block f, to enter the total amount of foreign service completed during the period covered by the DD Form 214, as taken from the ERB/ORB.

   b.  Item13 states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.  Do not use abbreviations.  

   c.  Item 18 states 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 that his DD Form 214 should be corrected to show he served in Iraq, along with all authorized awards based on his military service.

2.  Records show the applicant enlisted and entered active duty in the RA on
1 November 2002.  Item 18 of his DD Form 214 shows he participated in Operation Enduring Freedom and Operation Iraqi Freedom (Iraq) from
1 September 2002 (emphasis added) to 26 August 2003.  Thus, this entry clearly is in error because it shows the applicant was serving overseas prior to the date he actually entered active duty.

3.  The applicant provides a copy of the permanent orders that awarded him the Army Commendation Medal that show he participated in Operation Iraqi Freedom from 9 April to 1 June 2003.  DFAS records confirm the applicant was authorized HFP during the period from 1 April through 31 July 2003 and that he actually served in a combat zone through 5 July 2003.  Thus, based on the available evidence, it is concluded that the applicant served in support of Operation Iraqi Freedom (Kuwait/Iraq) from 9 April through 5 July 2003. Therefore, it would be appropriate to correct item 18 of his DD Form 214 to show this service.

4.  A service computation for the period of overseas service from 9 April through 5 July 2003 shows that it equates to 2 months and 27 days of foreign service. Records show that item 12, block f, of the applicant’s DD Form 214 fails to show he completed any foreign service.  Therefore, item 12, block f, of the applicant’s DD Form 214 should be corrected to show he completed 2 months and 27 days of foreign service.

5.  Permanent orders awarded the applicant the Army Commendation Medal for meritorious service while participating in Operation Iraqi Freedom from 9 April to 1 June 2003.  Therefore, it would be appropriate to correct his records to show this award.

6.  Records show the applicant served a qualifying period of active duty enlisted service for award of the Good Conduct Medal.  Therefore, it would be appropriate to approve this award.

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.  awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity for the period 1 November 2002 to 22 September 2005;

   b.  deleting from item 12, block f, of his DD Form 214 the entry "0000  00  00";

   c.  adding to item 12, block f, of his DD Form 214 the entry "0000  02  27";

   d.  adding to item 13 of his DD Form 214 the Army Commendation Medal and Army Good Conduct Medal.

   e.  deleting from item 18 of his DD Form 214 the entry, "SOLDIER PARTICIPATED IN OPERATION ENDURING FREEDOM AND OPERATION IRAQI FREEDOM; IRAQ; 20020901-20030826"; and

   f.  adding to item 18 of his DD Form 214 the entry, "SERVICE IN KUWAIT/ IRAQ FROM 20030409-20030705//NOTHING FOLLOWS."



      _______ _   ___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)                                         AR20090003631



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