BOARD DATE:	  6 October 2009

		DOCKET NUMBER:  AR20090008877 


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 the correct period that he served in Kuwait/Iraq.

2.  The applicant states he served in Kuwait/Iraq from 16 April 2003 through 8 October 2003 and he was released from active duty (REFRAD) on 17 March 2004.  However, his DD Form 214 shows he served in Kuwait/Iraq from 16 April 2004 through 8 October 2004.  He adds this is obviously a typographical error that is easily corrected.

3.  The applicant provides a copy of Headquarters, 3rd Infantry Division (Mechanized) and Fort Stewart, Fort Stewart, GA, Orders 054-0015, dated 23 February 2004, and 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 Army National Guard (ARNG) on 15 November 2001.  Upon completion of training, he was awarded military occupational specialty 12B (Combat Engineer).

3.  South Carolina ARNG, Columbia, SC, Orders 041-575, dated 10 February 2003, as twice amended, show the applicant was ordered to active duty as a member of his ARNG unit in support of Operation Enduring Freedom.

4.  The applicant's DD Form 214 shows he entered active duty on 10 February 2003, he was honorably REFRAD on 17 March 2004 based on completion of required active service, and transferred to his RC unit.  At the time he had completed 1 year, 1 month, and 8 days of net active service.

   a.  Item 12 (Record of Service), block f (Foreign Service), shows he completed 5 months and 23 days of foreign service.

   b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Armed Forces Reserve Medal with "M" Device, Army Service Ribbon, Army Lapel Button, and Marksman Marksmanship Qualification Badge with Rifle Bar.

   c.  Item 18 (Remarks), in pertinent part, shows the entry "SOLDIER SERVED IN SUPPORT OF OPERATION ENDURING/IRAQI FREEDOM WHILE SERVING IN KUWAIT/IRAQ FROM 20040416 THRU 20041008//NOTHING FOLLOWS."

5.  In connection with the processing of this case, the Army Military Pay Operations - Indianapolis, Defense Finance and Accounting Service (DFAS), Indianapolis, IN, was asked to verify the period of service the applicant was authorized hostile fire pay/imminent danger pay.  DFAS responded that the applicant was stationed in Kuwait from 16 April 2003 through 2 October 2003.

6.  During the processing of this case, an ABCMR staff member contacted the applicant to determine if he had a preference regarding award of the Global War on Terrorism Expeditionary Medal (GWOTEM) or the Iraq Campaign Medal (ICM).  In response, the applicant indicated he would prefer award of the ICM.  The applicant was also asked to confirm the beginning and ending dates of his overseas service in Kuwait/Iraq.  The applicant asserted that he served in Kuwait/Iraq from 16 April 2003 through 8 October 2003.

7.  Considering the applicant's service in Kuwait/Iraq, 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.

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  This regulation provides that the GWOTEM 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 50 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 AOE 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 GWOTEM.  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.

	b.  This regulation also provides that individuals authorized the ICM 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 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.

		(1)  Only one award of the Iraq Campaign Medal (ICM) may be authorized for any individual.  No service member will be entitled to both the ICM and GWOTEM for the same act, achievement, or period of service.  Upon application, such a service member may be authorized the ICM in lieu of the GWOTEM for such service.

		(2)  This regulation lists 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).  This regulation also provides, in pertinent part, for award of a bronze service star based on qualifying service for each campaign listed in the regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Iraq Campaign Medal.

	c.  This regulation further provides for award of the Global War on Terrorism Service Medal (GWOTSM).  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 GWOTEM on or after 11 September 2001 to a date to be determined.  All Soldiers on active duty, including RC 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 this award.  Battalion commanders and commanders of separate units are authorized to award the GWOTSM.

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.

10.  Paragraph 2-4 (Completing the DD Form 214) of the 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.  Item 13 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 too long for their blocks.  It also states, in pertinent part, for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession:  (1) "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)"; (2) "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"; and (3) "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POSTSERVICE BENEFITS AND ENTITLEMENTS."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he served in Kuwait/Iraq from 16 April through 8 October 2003 instead of 16 April through 8 October 2004 because he was not on active duty during the period shown in item 18 of his DD Form 214 and it is an obvious typographical error.

2.  The applicant's DD Form 214 shows he served in Kuwait/Iraq from 16 April 2004 through 8 October 2004.  However, the applicant's orders and DD Form 214 show he was REFRAD on 17 March 2004.

	a.  DFAS records confirmed that the applicant served in Kuwait from 16 April 2003 through 2 October 2003.

	b.  The applicant claims that he served in Kuwait/Iraq from 16 April 2003 through 8 October 2003.

	c.  A calculation of the period of service from 16 April 2003 through 8 October 2003 shows that it equates to 5 months and 23 days.

	d.  Item 12, block f, of the applicant's DD Form 214 confirms he completed 5 months and 23 days of foreign service.

3.  In view of the foregoing, it is concluded that the applicant served overseas in Kuwait/Iraq from 16 April 2003 through 8 October 2003.  Therefore, it would be appropriate to correct item 18 of the applicant's DD Form 214 to show he served in Kuwait/Iraq from 16 April 2003 through 8 October 2003.

4.  Based on the determination that the applicant served in Kuwait/Iraq in support of OIF, it would also be appropriate to correct his DD Form 214 to show his authorized awards.

5.  Records show the applicant qualified for award of the GWOTEM for his service in support of the Global War on Terrorism in the AOE (i.e., Kuwait/Iraq).  Records also show the applicant qualified for award of the ICM in lieu of the GWOTEM.  Coordination with the applicant revealed that he requests award of the ICM in lieu of the GWOTEM.  Records further show that the applicant served in Iraq during two campaigns.  Therefore, it would be appropriate to correct his 2003 DD Form 214 to show the Iraq Campaign Medal with two bronze service stars.

6.  Records show the applicant qualified for award of the GWOTSM for his service in support of the Global War on Terrorism outside the AOE for award of the GWOTEM.  Therefore, it would be appropriate to correct his 2003 DD Form 214 to show this service medal.

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.  adding to item 13 of his DD Form 214 the Iraq Campaign Medal with two bronze service stars and the GWOTSM;

	b.  deleting from item 18 of his DD Form 214 the entry, "SOLDIER SERVED IN SUPPORT OF OPERATION ENDURING/IRAQI FREEDOM WHILE SERVING IN KUWAIT/IRAQ FROM 20040416 THRU 20041008//NOTHING FOLLOWS"; and



	c.  adding to item 18 of his DD Form 214 the entry, "SOLDIER SERVED IN SUPPORT OF OPERATION ENDURING/IRAQI FREEDOM WHILE SERVING IN KUWAIT/IRAQ FROM 20030416 THRU 20031008//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)                                         AR20090008877



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