IN THE CASE OF:	

		BOARD DATE:	20 August 2009    

		DOCKET NUMBER:  AR20090005893 


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, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to document his foreign service.

2.  The applicant states, in effect, that he served in Iraq from 7 April to 15 October 2003.

3.  The applicant provides a DA Form 638 (Recommendation for Award) 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 record shows that he enlisted in the Regular Army and entered active duty on 2 February 2001.  He was trained in, awarded, and served in military occupational specialty (MOS) 13B (Cannon Crewmember).

3.  On 1 February 2004, he was honorably released from active duty (REFRAD) after completing 3 years of creditable active military service. The DD Form 214 he was issued at the time contains the entry "0000 00 00" in item 12f (Foreign Service) and Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the Army Lapel Button, Army Commendation Medal (ARCOM), Army Achievement Medal (AAM), National Defense Service Medal (NDSM), and Army Service Ribbon (ASR) during his active duty tenure.  

4.  The applicant provides a DA Form 638 which shows he was awarded the ARCOM for his meritorious service in support of Operation Iraqi Freedom during the period 7 April to 15 October 2003.

5.  A review of the applicant's Defense Finance Accounting Service (DFAS) pay record confirms he received imminent danger pay/hostile fire pay (IDP/HFP) for serving in a combat zone during the period 1 April to 30 November 2003.

6.  Army Regulation 635-5 prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The regulation stipulates that the information in Item 12f will contain the total amount of foreign service completed during the period covered by the DD Form 214.  The instructions for Item 18 specify, in pertinent part, that for active duty Soldiers deployed with his or her unit, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be included.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-17 contains guidance on the Iraq Campaign Medal (ICM) and states, in pertinent part, that it is authorized for service in Iraq from 19 March 2003, to a future date to be determined by the Secretary of Defense or the cessation of the operation.  A campaign star is authorized with this award for each Iraq campaign a member is credited with participating in.  During the applicant's tenure of assignment, participation credit was granted for the Liberation of Iraq (19 March-1 May 2003) and Transition of Iraq (2 May 2003-28 June 2004) campaigns. 


8.  Paragraph 2-19 of the awards regulation contains guidance on award of the Global War on Terrorism Service Medal (GWOTSM).  It states, in pertinent part, that it is authorized to members who have participated in the Global War on Terror outside of a designated area of eligibility (AOE) for the Global War on Terrorism Expeditionary Medal (GWOTEM) on or after 11 September 2001.  All Soldiers on active duty who served 30 consecutive or 60 nonconsecutive days are authorized the GWOTSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to properly document his service in Iraq was carefully considered and found to have merit.  By regulation, item 12f of the DD Form 214 will contain the total amount of foreign service completed during the period covered by the DD Form 214, and item 18 will include entries documenting deployed service. 

2.  In this case, the evidence of record confirms the applicant served in Iraq for 6 months and 9 days from 7 April through 15 October 2003, as evidenced by his DFAS pay record and the DA Form 638 he provided.  As a result, it would be appropriate to correct item 12f and item 18 of his DD Form 214 accordingly.  

3.  The evidence of record also confirms that based on the applicant's Iraqi service and campaign participation, he is eligible for the ICM with 2 campaign stars, and based on his based on his qualifying active duty service in support of the GWOT outside of an authorized AOE, he is eligible for the GWOTSM.  As a result, it also would be appropriate to add these awards to his record and 
DD Form 214 at this time. 

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 amending the applicant's DD Form 214 as follows: 

	a.  Item 12f - delete the current entry and replace it with the entry
"0000 06 09";

   b.  Item 13 - add the Iraq Campaign Medal with 2 campaign stars and Global War on Terrorism Service Medal;

	c.  Item 18 - add the entry “SERVICE IN IRAQ FROM 20030407-20031015"; and 

	d.  provide him with a correction to his DD Form 214 that includes 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)                                         AR20090005893



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ABCMR Record of Proceedings (cont)                                         AR20090005893

   
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