IN THE CASE OF:	  	

		BOARD DATE:	  25 August 2009

		DOCKET NUMBER:  AR20090005038 


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 service in Iraq and all authorized awards based on that service.

2.  The applicant states he served in Iraq from November 2002 through May 2003 and retired from active duty immediately after returning from Iraq.  His records were not properly updated.  His Iraq war service must be recorded on his discharge document to support his Department of Veterans Affairs (VA) disability claim.

3.  The applicant provides, in support of his application, a copy of the front page of his unit deployment orders, dated 1 November 2002, with personnel manifest; DA Form 2166-8 (NCO Evaluation Report); and DA Form 4980-14 (The Army Commendation Medal) Certificate, dated 4 May 2003.

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 entered active duty in the Regular Army (RA) on 8 May 1979 for a period of 3 years and 1 month.  Upon completion of training, he was awarded military occupational specialty (MOS) 31M (Multichannel Communications Equipment Operator).  He was honorably released from active duty on 7 June 1982 and transferred to the USAR Control Group (Reinforcement) to complete his remaining military service obligation.

3.  The applicant enlisted in the Army National Guard of the United States and Georgia Army National Guard on 18 July 1982 and he was honorably separated on 9 January 1985 based on expiration of term of service.  

4.  The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he reentered the RA on 3 April 1986 and he was honorably retired on 30 November 2003 based on sufficient service for retirement.  He was transferred to the USAR Control Group (Retired).  At the time he had completed 17 years, 7 months, and 28 days of net active service this period.  He had also completed 3 years and 1 month of total prior active service; 3 years, 2 months, and 6 days of total prior inactive service; and 4 years, 11 months, and 26 days of foreign service.

   a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 with an effective date of
30 November 2003 shows the applicant was awarded the Army Commendation Medal (4th Award), Army Achievement Medal (3rd Award), Army Good Conduct Medal (6th Award), National Defense Service Medal (2nd Award), Southwest Asia Service Medal with two bronze service stars, Noncommissioned Officer Professional Development Ribbon with Numeral "3", Army Service Ribbon, Overseas Service Ribbon (3rd Award), Army (Retired) Lapel Button, Kuwait Liberation Medal (Kuwait), Kuwait Liberation Medal (Saudi Arabia), Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Driver and Mechanic Badge, and Gold Recruiter Badge with one Sapphire Achievement Star.
   
   b.  Item 18 (Remarks) is absent any evidence that he served in Iraq.

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

   a.  The front of Headquarters, 3rd Infantry Division (Mechanized) and Fort Stewart, Fort Stewart, Georgia, Permanent Orders 305-4, dated 1 November 2002, with personnel manifest, that shows members of Headquarters and Headquarters Company (HHC), 3rd Infantry Division, and supporting elements (i.e., HHC, 123rd Signal Battalion) were directed to move from Fort Stewart, GA, to Kuwait on or about 20 November 2002 until completion of the mission.  The orders also show the applicant’s name was included on the personnel manifest.

   b.  An NCO Evaluation Report for the period August 2002 through July 2003 that shows, in pertinent part, the applicant performed duties as the Forward Signal Platoon Sergeant during Operation Enduring Freedom and Operation Iraqi Freedom.

   c.  An Army Commendation Medal Certificate that shows Headquarters,
3rd Infantry Division (Mechanized) Support Command, Fort Stewart, Georgia, Permanent Orders 124-50, dated 4 May 2003, awarded the applicant the Army Commendation Medal for meritorious achievement while deployed to Iraq in support of Operation Iraqi Freedom from 20 March to 31 May 2003.
   
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).  The DFAS responded that the applicant received HFP for service in a combat zone
(i.e., Kuwait) from 1 November 2002 to 31 May 2003.

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

8.  Army Regulation 600-8-22 (Military Awards) provides that the Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside
200 nautical miles of the shores of the United States.  The Secretary of Defense, when recommended by the Chairman, Joint Chiefs of Staff, will designate the specific area of eligibility per qualifying operation.  Because counter-terrorism operations are global in nature, the AOE for an approved operation may be deemed to be non-contiguous.  The Combatant Commander has the authority to approve award of the medal for units and personnel deployed within his or her theater.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the Global War on Terrorism Expeditionary Medal.  Service members must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE.
9.  Army Regulation 600-8-22 provides for award of the Global War on Terrorism Service Medal.  This award is designated for Soldiers who have participated in or served in support of Global War on Terrorism Operations outside of the designated AOE determined for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a 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 non-consecutive days are authorized this award.  Battalion commanders and commanders of separate units are authorized to award the Global War on Terrorism Service Medal.

10.  Army Regulation 600-8-22 states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom (OIF).  The 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.  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).

11.  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 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.

12.  Army Regulation 635-5 (Personnel Separations - 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.  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).

13.  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 13 states 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.  

   b.  Item 18 states 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 and all authorized awards he is due based on this military service.

2.  The applicant was authorized HFP/IDP during the period 1 November 2002 to 31 May 2003 for his service in an HFP/IDP area (Kuwait) in support of Operation Iraqi Freedom.  In addition, records confirm the applicant was deployed overseas in support of combat operations during the period 20 November 2002 to 31 May 2003.  Thus, the evidence of record supports the applicant’s claim that he served overseas in support of Operation Iraqi Freedom.  Therefore, the applicant’s
DD Form 214 should be corrected to show his foreign service in support of Operation Iraqi Freedom.

3.  Records show the applicant qualified for award of the Global War on Terrorism Expeditionary Medal for his service in support of the Global War on Terrorism in the AOE (i.e., Kuwait) from 20 November 2002 to 19 March 2003 Therefore, it would be appropriate to correct his DD Form 214 to show award of the Global War on Terrorism Expeditionary Medal.

4.  Records show the applicant served a qualifying period of service in Iraq from 20 March to 31 May 2003 for award of the Iraq Campaign Medal.  Records also show the applicant participated in the Liberation of Iraq and Transition of Iraq campaigns.  Therefore, it would appropriate to correct his DD Form 214 to show award of the Iraq Campaign Medal with two bronze service stars.
5.  Records show the applicant qualified for award of the Global War on Terrorism Service Medal for his service in support of the Global War on Terrorism from 11 September 2001 to 19 November 2002 outside the AOE for award of the Global War on Terrorism Expeditionary Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show award of the Global War on Terrorism Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X____  __X_____  ____X____  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.  adding to item 13 of his DD Form 214 the Iraq Campaign Medal with two bronze service stars, Global War on Terrorism Expeditionary Medal, and Global War on Terrorism Service Medal; and

   b.  adding to Item 18 of his DD Form 214 the entry, "SERVICE IN KUWAIT/ IRAQ FROM 20021120 - 20030531//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)                                         AR20090005038



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ABCMR Record of Proceedings (cont)                                         AR20090005038



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