IN THE CASE OF:	  

		BOARD DATE:	  29 October 2009

		DOCKET NUMBER:  AR20090009926 


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 foreign service in Uzbekistan.

2.  The applicant states that he served in Uzbekistan from 4 December 2001 to 1 June 2002, but it is not shown on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, dated 1 September 2005; a copy of a DA Form 638 (Recommendation for Award) and certificate, dated 13 May 2002, showing award of the Army Commendation Medal; a copy of Orders 306-035, issued by Headquarters, XVIII Airborne Corps, Fort Bragg, NC, on 2 November 2001; and a copy of his Redeployment/Departure Ouproocessing Checklist, dated 18 July 2002, 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's records show he enlisted in the Regular Army for a period of 5 years on 31 July 2000.  He completed basic combat and advanced individual training and was awarded military occupational specialty 31P (Microwave System Operations Maintainer).  He was honorably released from active duty on 1 September 2005 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve obligation.

3.  The DD Form 214 he was issued shows he completed 5 years, 1 month, and 1 day of creditable active service.  This form also shows the following entries:

	a.  item 12f (Foreign Service) shows he completed 8 months and 20 days of foreign service; 

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Commendation Medal (2nd Award), the Good Conduct Medal, the National Defense Service Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Army Service Ribbon, and the Parachutist Badge; and 

	c.  item 18 (Remarks) shows he served in Iraq from 4 March 2003 to 23 November 2003.  It does not show his service in Uzbekistan.

4.  The applicant submitted a copy of Orders 306-305, issued by Headquarters, XVIII Airborne Corps, Fort Bragg, NC, on 2 November 2001, directing his temporary reassignment to the U.S. Central Command for a period of 179 days, effective on or about 15 November 2001, in support of Operation Enduring Freedom.  

5.  The applicant submitted a copy of a DA Form 639 and certificate, dated 13 May 2002, that show he was cited for meritorious achievement while deployed to Uzbekistan in support of Operation Enduring Freedom from 1 October 2001 to 1 June 2002. 

6.  The applicant submitted a copy of his Redeployment/Departure Approval Outprocessing Checklist that shows he arrived in Uzbekistan on 4 December 2001 and outprocessed/redeployed on 18 July 2002. 



7.  An email, 14 October 2009, from the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, confirms that the applicant received hazardous fire pay/imminent danger pay (HFP/IDP) from 30 November 2001 to 25 July 2002 for his service in Uzbekistan.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her 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 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the total amount of foreign service completed during the period covered by the DD Form 214 is entered in item 12f and is obtained from the Soldier’s Enlisted/Officer Record Brief.  Additionally, the "Remarks" block of the Soldier's DD Form 214 is used for mandatory requirements when a separate block is not available.  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 County Deployed) from (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

9.  A review of the applicant's records indicates his entitlement to an additional award that is not shown on his DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards) provides for the following awards: 

	a.  The Global War on Terrorism Expeditionary Medal 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. 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.  Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal is no longer authorized to be awarded for service in Iraq; however, service members who qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 30 April 2005 in an area for which the Iraq Campaign Medal was subsequently authorized shall remain qualified for the Global War on Terrorism Expeditionary Medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service; however, no service member shall be entitled to award of the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal for the same act, achievement or period of service.

	b.  The Iraq Campaign Medal is awarded to individuals who have served in direct support of Operation Iraqi Freedom (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 qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service-member will be entitled to both medals for the same act, achievement or period of service.  Only one award of the Iraq Campaign Medal may be authorized for any individual, and under no condition will personnel receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period or service.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:  

		(1)  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;

		(2)  is wounded or injured and requires medical evacuation from the area of eligibility; or 

		(3)  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; each day of operations counts as one day of eligibility. 

11.  In April 2008, the Department of Defense (DOD) authorized service stars to recognize service members for participating in the following campaigns of Operation Iraqi Freedom:  Liberation of Iraq from19 March 2003 to 1 May 2003, Transition of Iraq from 2 May 2003 to 28 June 2004, Iraqi Governance from 29 June 2004 to 15 December 2005, and National Resolution from16 December 2005 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his combat service in Uzbekistan.

2.  The applicant contends that he served in Uzbekistan from 4 December 2001 to 1 June 2002.  He was issued an order directing his temporary reassignment from Fort Bragg, NC, on or about 15 October 2001.  His outprocessing checklist shows he arrived in Uzbekistan on 4 December 2001 and departed on or around 18 July 2002.  He was also awarded an Army Commendation Medal for meritorious achievement while deployed to Uzbekistan in support of Operation Enduring Freedom and he also received HFP/IDP from 30 November 2001 to 25 July 2002.  The period of service claimed by the applicant is consistent with his pay records at DFAS.  Therefore, he is entitled to correction of his DD Form 214 to show his foreign service in Uzbekistan from 4 December 2001 to 1 June 2002.

3.  The evidence of record also shows that the applicant was credited with the completion of 8 months and 20 days of foreign service in Iraq from 4 March 2003 to 23 November 2003.  However, he also completed 5 months and 28 days of foreign service in Uzbekistan from 4 December 2001 to 1 June 2002.  Therefore, he is entitled to correction of his DD Form 214 to show a total of  1 year, 2 months, and 18 days of foreign service.

4.  The applicant's records show he was awarded the Global War on Terrorism Expeditionary Medal for what appears to be his service in Iraq from 4 March 2003 to 23 November 2003.  However, since he previously served in Uzbekistan from 4 December 2001 to 1 June 2002, he would have qualified for award of the Global War on Terrorism Expeditionary Medal based on his service in Uzbekistan.  He would have also qualified for award of the Iraq Campaign Medal for his service in Iraq.  Additionally, he participated in two campaigns (Transition of Iraq and Iraqi Governance) during this service in Iraq.  Therefore, he is also entitled to two bronze service stars to be affixed to his Iraq Campaign 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.  deleting from item 12f of his DD Form 214 the entry "0000  08  20" and adding the entry "0001  02  18"; 

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

	c.  adding to item 18 of his DD Form 214 the entry "Service in Uzbekistan from 4 December 2001 to 1 June 2002." 



      _______ _  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)                                         AR20090009926



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ABCMR Record of Proceedings (cont)                                         AR20090009926



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