IN THE CASE OF:	

		BOARD DATE:	26 August 2009   

		DOCKET NUMBER:  AR20090006311 


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 service in Iraq from 28 April 2003 to 5 September 2003, award of the Iraq Campaign Medal (ICM) and Global War on Terrorism Service Medal (GWOTSM), and any other unit awards as a result of this service.  

2.  The applicant states that he was deployed with the 84th Combat Engineer Company, 2nd Armored Cavalry Regiment (ACR) from 28 April 2003 to 5 September 2003 and he feels he should be awarded the ICM and GWOTSM, and any other unit awards as a result of this service.

3.  The applicant provides a copy of his DD Form 214, dated 30 April 2004 in support of his request.  

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 is a retired sergeant first class (SFC)/E-7 who initially entered the Regular Army (RA) on 19 March 1984 and held military occupational specialty (MOS) 21B (Combat Engineer).  He served in various staff and leadership positions within and outside the continental United States and was honorably released from active duty on 30 April 2004 and placed on the retired list in his retired grade of SFC on 1 May 2004.  He was credited with over 20 years of creditable active service.

3.  The applicant’s records also show he completed 6 years and 11 days of foreign [overseas] service in Korea from 7 April 1986 to 12 April 1988 and 11 September 1990 to 18 September 1991, and Hawaii from 14 May 1998 to 10 May 2001. 

4.  Item 12f (Foreign Service) of the applicant’s DD Form 214 shows he completed 6 years and 11 days of foreign service.

5.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Meritorious Service Medal (2nd Award), Army Commendation Medal (2nd Award), Army Achievement Medal (4th Award), Good Conduct Medal (6th Award), National Defense Service Medal (2nd Award), Noncommissioned Officer Professional Development Ribbon with Numeral 3, Overseas Service Ribbon (3rd Award), and the Driver and Mechanic Badge with Driver-W Bar.  

6.  Item 18 (Remarks) of the applicant's DD Form 214 does not show his deployment in support of Operation Iraqi Freedom (OIF).

7.  An electronic mail (email) from the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, dated 14 May 2009, confirms the applicant served in Kuwait and received hostile fire pay/imminent danger pay (HFP/IDP) from 1 April 2003 to 30 September 2003.

8.  HFP/IDP is a military entitlement paid in whole months [emphasis added] in which a Soldier was entitled to basic pay and in which he/she was subject to hostile fire or explosion of hostile mines; on duty in an area in which he/she was in imminent danger of being exposed to hostile fire or explosion of hostile mines and in which, during the period he/she was on duty in that area, other members of the uniformed services were subject to hostile fire or explosion of hostile 
mines; killed, injured, or wounded by hostile fire, explosion of a hostile mine, or any other hostile action; or on duty in a foreign area in which the Soldier was subject to the threat of physical harm or imminent danger on the basis of civil insurrection, civil war, terrorism, or wartime conditions.  

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Chapter 2 of this regulation states, in pertinent part, 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.

10.  Army Regulation 600-8-22 (Military Awards) states that individuals authorized the ICM must have served in direct support of (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 ICM 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. 

11.  Service members qualified for the Global War on Terrorism Expeditionary Medal (GWOTEM) by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement or period of service.  

12.  Army Human Resources Command Military Personnel (MILPER) Message Number 08-123 provides the guidance and criteria, applicability and standards on awarding and wear of service stars on the ICM.  It states, in pertinent part, that one bronze service star will be worn on the ICM for one or more days of participation in each designated campaign phase.  Approved designated ICM campaign phases and inclusive periods are listed below:

Liberation of Iraq/19 Mar 2003 - 1 May 2003 
Transition of Iraq/2 May 2003 - 28 Jun 2004 
Iraq Governance/29 Jun 2004 - 15 Dec 2005 
National Resolution/16 Dec 2005 – Date to be determined

13.  Army Regulation 600-8-22 states that the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in the GWOT operations outside of the designated areas of eligibility (AOE) 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 GWOTSM.

14.  The Awards and Decorations Branch, Soldier Programs and Services Division, U.S. Army Human Resources Command website shows the 84th Engineer Company, 3rd Infantry Division, was awarded the Presidential Unit Citation for service in Iraq from 28 April 2003 to 1 May 2003 based on Department of the Army General Orders TBD (to be determined).  

15.  Review of the applicant’s records indicates his entitlements to additional awards which are not shown on his DD Form 214.

16.  Army Regulation 600-8-22 states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, is wounded or injured in the line of duty and required medical evacuation from the area of eligibility, or participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Only one award of the Korea Defense Service Medal is authorized for any individual. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should show his service in Iraq, award of the ICM and GWOTSM, and any other unit awards as a result of this service.

2.  The applicant states that he served in Kuwait/Iraq from 28 April 2003 to 5 September 2003.  His pay records show he served in Kuwait and he received HFP/IDP from 1 April 2003 to 30 September 2003.  Since HFP/IDP is paid in whole months regardless of the specific date the Soldier arrives and departs the HFP/IDP designated area and since the applicant's pay records show he received HFP/IDP from 1 April 2003 to 30 September 2003, it appears that the applicant's service from 28 April 2003 to 5 September 2003 is consistent with his pay records.  Therefore, there is sufficient evidence to correct his records to show he completed a period of 4 months and 8 days of foreign service in Kuwait/Iraq from 28 April 2003 to 5 September 2003.

3.  The applicant served in Kuwait/Iraq from 28 April 2003 to 5 September 2003.  Therefore, he served a qualifying period of service for award of the ICM and he is entitled to correction of his records to show this award.  Additionally, he 
participated in the Liberation of Iraq and the Transition of Iraq campaigns during this period of service.  Therefore, he is also entitled to award of two bronze service stars to be affixed to the ICM.

4.  The evidence of record shows that the applicant served a qualifying period of service for award of the GWOTSM.  Therefore, he is entitled to correction of his records to show this award.

5.  General orders show that during the applicant's assignment to the 84th Engineer Company, 3rd Infantry Division, his unit was awarded the Presidential Unit Citation for service in Iraq from 28 April 2003 to 1 May 2003.  Therefore, he is entitled to correction of his records to show this award.

6.  The evidence of record shows that the applicant served in Korea from 7 April 1986 to 12 April 1988 and 11 September 1990 to 18 September 1991.  He served a qualifying period for award of the Korea Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show 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.  deleting from item 12f of the applicant's DD form 214 the entry "0006 00 11" and replacing it with the entry “0006  04  19”;

	b.  adding to item 13 of the applicant's DD Form 214 the Iraq Campaign Medal with two bronze service stars, Global War on Terrorism Service Medal, Korea Defense Service Medal, and the Presidential Unit Citation; and 

	c.  adding to item 18 of the applicant's DD Form 214 the entry "SERVICE IN KUWAIT/IRAQ FROM 20030418 – 20030905."



      __________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)                                         AR20090006311



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ABCMR Record of Proceedings (cont)                                         AR20090006311



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