BOARD DATE:	  27 October 2009

		DOCKET NUMBER:  AR20090009661 


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 show his foreign service credit and awards.

2.  The applicant states, in effect, that his DD Form 214 with a separation date of 20 December 2003 is incorrect for it does not show his foreign service credit for his tours in Egypt and Iraq.  He also requests award of the Iraq Campaign Medal and other authorized awards.

3.  The applicant provides the following documents in support of his application:

	a.  temporary change of station orders deploying Headquarters and Headquarters Detachment, 544th Maintenance Battalion, 13th Corps Support Command, to Central Command in support of Operation Enduring Freedom, dated 29 January 2003;

	b.  a memorandum for record, dated 12 July 2003; and

	c.  award orders announcing award of the Army Commendation Medal with award certificate, dated 26 October 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 enlisted in the U.S. Army Reserve Delayed Entry Program on 29 October 1999.  He enlisted in the Regular Army on 17 November 1999 with a 
4-year service commitment.  He successfully completed basic and advanced individual training.  He was awarded military occupational specialty 96B (Intelligence Analyst).  The highest rank he attained while serving on active duty was specialist/pay grade E-4.

3.  On 26 October 2003, the applicant was awarded the Army Commendation Medal with the publication of Permanent Order 299-2 by Headquarters, 64th Corps Support Group, Fort Hood, TX, for meritorious service while assigned to the 544th Maintenance Battalion during a time of hostilities in support of Operation Iraqi Freedom (OIF) for his period of service from 19 March 2003 to 1 August 2003.  A DA Form 638 (Recommendation for Award) used in the preparation of the applicant's award recommendation shows in item 7 (Organization), Headquarters and Headquarters Detachment, 544th Maintenance Battalion, APO AE  09323.  A search of the internet site www.freebizadweb.com//apofpolist.asp shows that APO AE is located in Iraq.

4.  On 19 November 2003, the applicant was awarded the Army Commendation Medal with First Oak Leaf Cluster with the publication of Permanent 
Order 323-14, by Headquarters, 13th Corps Support Command, Fort Hood, TX, for meritorious service during the period from 16 September 2000 to 20 December 2003.

5.  On 20 December 2003, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his military service obligation.  His records show that he completed 4 years, 1 month, and 4 days of active duty and that he was involuntarily extended beyond his expiration of term of service (ETS) for the convenience of the government.

6.  Item 12f (Foreign Service) of the applicant's DD Form 214 does not show that he served overseas in a foreign country.

7.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following awards:  the Army Lapel Button, the Army Achievement Medal with First Oak Leaf Cluster, the National Defense Service Medal, the Army Service Ribbon, and the Parachutist Badge.

8.  Item 18 (Remarks) of the applicant's DD Form 214 does not contain an entry that shows the applicant's period(s) or location(s) of deployment.

9.  The Defense Finance and Accounting System (DFAS) maintains financial records of all pay and allowances paid to Soldiers during their periods of service.  The DFAS computerized system shows that the applicant received hostile fire pay for two periods of service in an imminent danger pay zone.  The first period of service was from 28 September 2001 to 18 November 2001 for duty in Egypt.  The second period of service was from 31 March 2003 to 30 July 2003 for duty in Kuwait.

10.  The applicant's official military personnel file (OMPF) in the interactive Personnel Electronic Records Management System does not show any time lost; record of nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice; or any records of conviction by court-martial.  There is no document to show that the applicant's commander disqualified him from award of the Army Good Conduct Medal.

11.  In support of his application, the applicant provided the following evidence.

	a.  Orders 029-06, dated 29 January 2003, issued by Headquarters, 13th Corps Support Command, Fort Hood, TX, reassigned/deployed Headquarters and Headquarters Detachment, 544th Maintenance Battalion, on a temporary change of station to the Central Command area of operations with an effective date of on or about 19 February 2003.

	b.  A memorandum for record, dated 12 July 2003, released the applicant from his unit due to his impending ETS.  The memorandum states that he is entitled to 100 days of stabilization at home station prior to his ETS.

	c.  A DA Form 638, dated 26 October 2003, shows the applicant was responsible for providing intelligence summaries and intelligence preparation of the battlefield reports to his commander and staff, briefing the commander daily on enemy activity.  He briefed units on enemy activity before convoy departures and debriefed them upon their return.  His period of award was from 19 March 2003 to 1 August 2003.  The theater brigade commander approved this award.

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

13.  Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal 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 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.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or 60 nonconsecutive days or meet one of the following criteria:

	a.  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, while participating in an operation or on official duties;

	b.  is wounded or injured and requires medical evacuation from the area of eligibility; or 

	c.  while participating as a regularly assigned air crewmember flying sorties into, out of, within, or over the area of eligibility in direct support of the military operations;

   d.  each day of operations counts as 1 day of eligibility.
   
14.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign.  Military Personnel Message Number 08-123 issued by Headquarters, Department of the Army, defines the criteria for award of bronze service stars to be affixed to the Iraq Campaign Medal.  The first campaign is the Liberation of Iraq for the period 19 March 2003 to 1 May 2003.  The second campaign is the Transition of Iraq for the period 2 May 2003 to 28 June 2004.

15.  A review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214 with a separation date of 20 December 2003.

16.  Army Regulation 600-8-22 provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

17.  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 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.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or 60 nonconsecutive days or be 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.

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicant's documented service in Kuwait/Iraq from 31 March 2003 to 30 July 2003, he is entitled to have his record corrected to show award of the Iraq Campaign Medal.  Records show he participated in two campaigns while serving in Iraq.  Therefore, he is entitled to have his DD Form 214 corrected to show the Iraq Campaign Medal with two bronze service stars.

2.  Based on the applicant's documented deployments, he is entitled to correction of his record to show his service in Egypt from 28 September 2001 to 18 November 2001 and his service in Kuwait/Iraq from 31 March 2003 to 30 July 2003. 

3.  Based on the applicant's active duty service in the Armed Forces from 11 September 2001 to his date of release on 20 November 2003, he is entitled to have his DD Form 214 corrected to show the GWOTSM.

4.  Based on the applicant's record of service, his completion of 3 or more years of satisfactory service, and the absence of evidence showing disqualification, the applicant is entitled to award of the Army Good Conduct Medal based on completing 3 years of qualifying service from 17 November 1999 to 16 November 2002.
5.  While not requested by the applicant, it is clear an error exists on his DD Form 214 with the omission of his Army Commendation Medal with Oak Leaf Cluster.  As such, it would be appropriate to correct his record to show award of the Army Commendation Medal with First Oak Leaf Cluster.

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.  awarding the applicant the Army Good Conduct Medal for the period 17 November 1999 to 16 November 2002;

	b.  adding to item 12f of the applicant's DD Form 214 the entry, "00 years, 05 months, 19 days";

	c.  adding to item 13 of the applicant's DD Form 214 the Army Commendation Medal with First Oak Leaf Cluster, the Army Good Conduct Medal, the Global War on Terrorism Service Medal, and the Iraq Campaign Medal with two bronze service stars; and

	d.  adding to item 18 of the applicant's DD Form 214 the entry, "SERVICE IN EGYPT FROM 20010928-20011118" and "SERVICE IN KUWAIT/IRAQ FROM 20030331-20030730."



      ___________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)                                         AR20090009661



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ABCMR Record of Proceedings (cont)                                         AR20090009661



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