IN THE CASE OF:	  

		BOARD DATE:	  17 November 2009

		DOCKET NUMBER:  AR20090010905 


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 APPLICANTS REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served overseas in Iraq.

2.  The applicant states that he deployed overseas in April 2003, served at Logistics Base sites in Baghdad, Iraq, was awarded the Army Achievement Medal, and redeployed in April 2004.

3.  The applicant provides copies of his deployment orders and award certificate. (The applicant did not provide a contact telephone number or email address on 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 U.S. Army Reserve (USAR) on 3 May 2001 and enlisted in the Regular Army on 10 May 2001 for a period of 3 years.  Upon completion of training, he was awarded military occupational specialty 92F (Petroleum Supply Specialist).

3.  The applicant's DD Form 214 shows he was honorably released from active duty on 2 August 2004 based on completion of required active service and transferred to the USAR Control Group (Reinforcement).  At the time he had completed 3 years, 2 months, and 23 days of net active service.  Additionally:

   a.  Item 12 (Record of Service), block f (Foreign Service), fails to show that he completed any overseas service this period;

   b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Lapel Button, Global War on Terrorism Service Medal, National Defense Service Medal, and Army Service Ribbon; and

   c.  Item 18 (Remarks) does not show any evidence that he served in Kuwait or Iraq.

4.  In support of his request, the applicant provides the following documents.

	a.  Headquarters, 13th Corps Support Command, Fort Hood, Texas, and NATO Travel Order, Orders Number 062-01, dated 3 March 2003; Headquarters 53rd Quartermaster Company, Special Troops Battalion, Fort Hood, Texas, memorandum, dated 25 March 2003, subject:  Deploying Personnel; and
53rd Quartermaster Deployment Roster, dated 25 March 2003.  These documents show the applicant deployed on 20 March 2003 en route to Kuwait in support of Operation Enduring Freedom for a period of 179 days, and that the deployment might be extended to 364 days;

	b.  An Army Achievement Medal Certificate that shows Headquarters,
541st Corps Support Battalion, Fort Riley, Kansas, Permanent Orders 065-05, dated 5 March 2004, awarded the applicant the Army Achievement Medal for outstanding service while assigned to the 53rd Quartermaster Company during Operation Iraqi Freedom from 13 April 2003 to 20 March 2004; and

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 (HFP/IDP).  DFAS responded that the applicant received HFP/IDP for service in a combat zone (Kuwait) from 14 April 2003 through 12 April 2004.

6.  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.

7.  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 Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving on or after 1 August 1981, distinguished themselves by meritorious service or achievement;

	b.  the Global War on Terrorism Expeditionary Medal (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; and

	c.  individuals authorized the Iraq Campaign Medal (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.  The Military Awards 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)  lists 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.

8.  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.

9.  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 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; and

   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 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.  Orders show the applicant deployed overseas on 20 March 2003 for a period not to exceed 364 days [emphasis added].  It is noted that DFAS records show he received HFP/IDP for service in Kuwait and Iraq from 14 April 2003 to 12 April 2004.  However, the applicant's award certificate shows he served in support of OIF through 20 March 2004:

   a.  The applicant did not provide a telephone number or email address to afford the ABCMR staff the opportunity to contact him for clarification/ confirmation of the specific dates he was deployed overseas;

	b.  Based on the available evidence, it is concluded that the applicant served overseas [emphasis added] from 20 March 2003 through 20 March 2004.  A calculation of this period of service shows that it equates to 1 year and 1 day.  Therefore, it would be appropriate to correct item 12, block f, of the applicant’s DD Form 214 to show this foreign service; and

   c.  Based on the above and the available evidence, it is concluded that the applicant served in direct support of OIF in [emphasis added] Kuwait and Iraq from 14 April 2003 through 20 March 2004.  Therefore, it would be appropriate to correct item 18 of his DD Form 214 to show this service.

3.  Based on the above correction it would also be appropriate to correct his DD Form 214 to show his authorized awards:

	a.  Records show that permanent orders awarded the applicant the Army Achievement Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show this award; and 

   b.  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.  The ICM is higher in order of precedence than the GWOTEM.
In addition, records show that 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 award of the ICM with two bronze service stars.


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 12, block f, of his DD Form 214 the entry, "0000 00 00" and adding the entry, "0001  00  01";
   
   b.  adding to item 13 of his DD Form 214 the Army Achievement Medal and Iraq Campaign Medal with two bronze service stars; and

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT/ IRAQ FROM 20030414-20040320//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)                                         AR20090010905



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ABCMR Record of Proceedings (cont)                                         AR20090010905



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