IN THE CASE OF:	  

		BOARD DATE:	  24 November 2009

		DOCKET NUMBER:  AR20090010990 


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 item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he served in support of Operation Iraqi Freedom instead of in Kuwait in 2003 and that his second tour of duty in Iraq in 2004/2005 be added to item 18.  He also requests award of the Iraq Campaign Medal.

2.  The applicant states, in effect, that his DD Form 214 shows he served in Kuwait and it should show he served in support of Operation Iraqi Freedom in 2003.  He contends that his DD Form 214 is missing his last tour of duty in Iraq from June 2004 to June 2005 and that he was awarded the Iraq Campaign Medal.

3.  The applicant provides a copy of his DD Form 214, two orders for the Army Commendation Medal, deployment orders, and temporary change of station orders 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 Regular Army on 13 February 1986.  He trained as a motor transport operator and remained on active duty through continuous reenlistments until he retired on 28 February 2006 in the rank of staff sergeant.

3.  The applicant's DD Form 214 shows, among other awards, the Global War on Terrorism Expeditionary Medal (GWOTEM) and the Global War on Terrorism Service Medal (GWOTSM) as authorized awards.  His DD Form 214 does not show the Iraq Campaign Medal as an authorized award.  Item 18 of the applicant's DD Form 214 shows, among other entries, “SERVICE IN SWA 1990/12/27-1991/05/02//SERVICE IN KUWAIT 2003/05/15-2003/11/21" and "SERVED IN SOUTHWEST ASIA FROM: 901227-910502//KUWAIT:  030515-031121."

4.  Records at the Defense Finance and Accounting Service (DFAS) show the applicant received hostile fire pay/imminent danger pay from 8 May 2003 to 15 November 2003 for service in Kuwait.

5.  In support of his claim that he served in support of Operation Iraqi Freedom in 2003, the applicant provided orders for the Army Commendation Medal for exceptionally meritorious achievement as the Headquarters platoon sergeant in support of Operation Iraqi Freedom for the period 4 May 2003 to 14 December 2003.

6.  Records at DFAS show the applicant received hostile fire pay/imminent danger pay from 23 June 2004 to 1 June 2005 for service in Kuwait.

7.  In support of his claim to show his second tour of duty in Iraq on his DD Form 214, the applicant provided orders for the Army Commendation Medal for exceptionally meritorious service while serving as a squad leader for the 594th Transportation Company during the time of hostilities in support of Operation Iraqi Freedom during the period 22 June 2004 to 21 June 2005.

8.  Army Regulation 635-5 (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.

9.  Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom.  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 Operation Iraqi Freedom.  A bronze service star is authorized for wear on the Iraq Campaign Medal for the following campaigns:  Liberation of Iraq, 19 March 2003-1 May 2003; Transition of Iraq, 2 May 2003-28 June 2004; Iraqi Governance, 29 June 2004-15 December 2005; and National Resolution, 16 December 2005-date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct his DD Form 214 to show he served in support of Operation Iraqi Freedom instead of in Kuwait in 2003 was noted.  However, the governing regulation states that the name of the country would be entered in item 18.  Therefore, there is no basis for granting this specific request.

2.  Since it appears the applicant served in Kuwait and Iraq during his deployment in 2003, it would be appropriate to correct item 18 of his DD Form 214 to show he served in Kuwait and Iraq from 15 May 2003 to 21 November 2003.

3.  DFAS records which show the applicant served in Kuwait from 23 June 2004 to 1 June 2005 and the Army Commendation Medal orders provided by the applicant which show his service in support of Operation Iraqi Freedom during this period are accepted as sufficient evidence with which to amend item 18 of his DD Form 214 to show he served in Kuwait/Iraq from 23 June 2004 to 1 June 2005.

4.  It appears the applicant was awarded the GWOTEM and the GWOTSM for his service in Kuwait/Iraq in 2003.  However, based on his service in Kuwait/Iraq from 23 June 2004 to 1 June 2005, he is eligible for award of the Iraq Campaign Medal with two bronze service stars.

5.  Item 18 of the applicant’s DD Form 214 contains duplicate entries for his service in Southwest Asia during Operations Desert Shield/Storm and in the current war from May 2003 to November 2003.  The duplicate entries should be deleted.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X___  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the entries “SERVICE IN SWA 1990/12/27-1991/05/02//SERVICE IN KUWAIT 2003/05/15-2003/11/21" and "SERVED IN SOUTHWEST ASIA FROM: 901227-910502//KUWAIT:  030515-031121" from item 18 of his DD Form 214;

	b.  adding the entries “SERVICE IN SWA FROM 19901227-19910502, SERVICE IN KUWAIT/IRAQ FROM 20030515-20031121, SERVICE IN KUWAIT/IRAQ FROM 20040623-20050601" to item 18 of his DD Form 214; and

	c.  adding the Iraq Campaign Medal with two bronze service stars to his DD Form 214.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending item 18 of his DD Form 214 to show he served in support of Operation Iraqi Freedom.



      ___________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)                                         AR20090010990



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ABCMR Record of Proceedings (cont)                                         AR20090010990



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