IN THE CASE OF:	  

		BOARD DATE:	  17 November 2009

		DOCKET NUMBER:  AR20090009830 


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 he served overseas in Iraq and also all of his authorized awards.

2.  The applicant states that he deployed overseas in March 2003, was assigned to the 720th Military Police Battalion, and redeployed in August 2003 to retire from active duty.  He adds that when he retired, his battalion was still deployed and his records were not properly updated to show his combat service or awards.

3.  The applicant provides, in support of his application, a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

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 and entered active duty in the Regular Army on 4 December 1986.  Upon completion of training, he was awarded military occupational specialty 95B (Military Police).

3.  The applicant's DD Form 214 shows he honorably retired from active duty on 31 December 2003 based on sufficient service for retirement and transferred to the U.S. Army Reserve Control Group (Retired).  At the time he had completed 17 years and 27 days of net active service; 3 years of total prior active service; and 7 years, 2 months, and 25 days of foreign service:

   a.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Lapel Button, Meritorious Service Medal (2nd Award), Army Commendation Medal
(3rd Award), Army Achievement Medal (7th Award), Joint Meritorious Unit Award, Army Superior Unit Award, Coast Guard Meritorious Unit Commendation, Army Good Conduct Medal (5th Award), National Defense Service Medal (2nd Award), Humanitarian Service Medal, Noncommissioned Officer Professional Development Ribbon with Numeral 2, Army Service Ribbon, Overseas Service Ribbon (4th Award), Coast Guard Special Operations Service Ribbon, Sea Service Deployment Ribbon, Expert Marksmanship Qualification Badge with Rifle, Grenade, and Pistol (Small Bore) Bars, Air Assault Badge, and Driver and Mechanic Badge with Driver - W Bar.

   b.  Item 18 (Remarks) does not show that he served in Iraq.

4.  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 (HFP/IDP).  DFAS responded that the applicant received HFP/IDP for service in a combat zone (Kuwait) from 24 March through 5 August 2003.

5.  During the processing of this case, an ABCMR staff member contacted the applicant to confirm the beginning and ending dates of his overseas service in Kuwait/Iraq.  The applicant confirmed that he served in Kuwait/Iraq from
24 March through 5 August 2003.  Considering the applicant's service in Kuwait/Iraq, he was also asked 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.

6.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  This regulation also provides that:  

	a.  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.  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.  This regulation also shows:

       (1)  that only one award of the 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; and

  	    (2)  the Iraq campaign phases, including the Liberation of Iraq (19 March 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 ICM.


	c.  the Global War on Terrorism Service Medal (GWOTSM) is authorized 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 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 this award.  Battalion commanders and commanders of separate units are authorized to award the GWOTSM.

7.  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, separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File.

8.  Paragraph 2-4 (Completing the DD Form 214) of the Separations Documents regulation contains item-by-item instructions for completing the DD Form 214:

	a.  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.

	b.  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 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 Kuwait/Iraq.




2.  DFAS records show the applicant received HFP/IDP for service in a combat zone from 24 March to 5 August 2003.  In addition, the applicant confirmed that he served in Kuwait/Iraq from 24 March through 5 August 2003.  Therefore, it would be appropriate to correct item 18 of his DD Form 214 to show this service.

3.  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:

   a.  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., 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.  In addition, records show the applicant served in Iraq during the Liberation of Iraq and Transition of Iraq campaigns.  Therefore, it would be appropriate to correct his DD Form 214 to show the ICM with two bronze service stars.

   b.  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 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 ICM with two bronze service stars and GWOTSM; and
   
   
	b.  adding to item 18 of his DD Form 214 the entry, "SERVICE IN KUWAIT/ IRAQ FROM 20030324-20030805//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)                                         AR20090009830



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ABCMR Record of Proceedings (cont)                                         AR20090009830



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