BOARD DATE:	  4 August 2009

		DOCKET NUMBER:  AR20090004215 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his deployment to Iraq.  He also requests any awards and decorations to which he may be entitled for this service.  

2.  The applicant states that it was an oversight and that he served in Iraq from April 2003 to December 2003. 

3.  The applicant provides a DA Form 638 (Recommendation for Award), dated 19 September 2003, and a copy of his DD Form 214 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 enlisted in the Regular Army on 15 February 2001.  He trained as an infantryman and was released from active duty on 14 February 2004 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.

3.  Item 18 (Remarks) on the applicant’s DD Form 214 does not show any deployments and Item 12f (Foreign Service) does not show he served any foreign service.  His DD Form 214 does not show any awards for the Global War on Terror.

4.  Records at the Defense Finance and Accounting Service (DFAS) show the applicant served in a combat zone receiving hostile fire pay during the period 
1 April 2003 to 31 December 2003 in Kuwait.  

5.  On 10 July 2009, the applicant was notified by separate correspondence that he was eligible for either the Global War on Terrorism Expeditionary Medal (GWOTEM) or the Iraq Campaign Medal for qualifying service in recognition for his service in Iraq.  He was also requested to provide his inclusive dates of service in Iraq.  On 16 July 2009, he responded and requested that he be awarded the Iraq Campaign Medal for his service in Iraq and on 28 July 2009 he indicated that he arrived in Iraq on 10 April 2003 and departed Iraq on 
11 December 2003 (a total of 7 months and 2 days).

6.  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.  A bronze service star is authorized for wear on the Iraq Campaign Medal for the following campaigns:  Liberation of Iraq 19 March    2003 – 1 May 2003; Transition of Iraq 2 May 2003 – 28 June 2004; Iraqi Governance 29 June 2004 – 15 December 2005; and National Resolution         16 December 2005 – Date to be determined.

7.  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 operations outside of the designated areas of eligibility, on or after 11 September 2001 to a future date to be determined. 

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states 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 DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 
18.  

9.  Army Regulation 635-5 also states that for Item 12f, from the Soldier's records, enter the total amount of foreign service completed during the period covered in Item 12c (Net Active Service This Period).

DISCUSSION AND CONCLUSIONS:

1.  The DFAS information and the applicant's confirmation of his inclusive dates of service in Kuwait/Iraq are accepted as sufficient evidence on which to amend item 18 on the applicant’s DD Form 214 to show he served in Kuwait/Iraq.  Therefore, item 18 on his DD Form 214 should be corrected to show he served in Kuwait/Iraq from 10 April 2003 to 11 December 2003.

2.  Item 12f of the applicant's DD Form 214 should also be corrected to show he served 7 months and 2 days of foreign service.

3.  Based on the applicant's service in Iraq, he is eligible for award of the Iraq Campaign Medal with two bronze service stars.

4.  The applicant served a period of qualifying service for award of the GWOTSM. 

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 in item 12f on the applicant's DD Form 214;
   
   b.  adding the entry "0000 07 02" to item 12f on his DD Form 214; 
   
   c.  adding the Iraq Campaign Medal with two bronze service stars and the GWOTSM on his DD Form 214; and
   
   d.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20030410-20031211" in item 18 on his DD Form 214.




      _______ _   _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)                                         AR20090004215





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ABCMR Record of Proceedings (cont)                                         AR20090004215



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