IN THE CASE OF:	  

		BOARD DATE:	  10 November 2009

		DOCKET NUMBER:  AR20090011393 


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 service in Iraq.

2.  The applicant states that his DD Form 214 does not show his service in support of Operation Iraqi Freedom.

3.  The applicant provides a copy of his DD Form 214, dated 25 January 2004; a copy of an undated certificate showing participation in Operation Iraqi Freedom; and a copy of a certificate, dated 29 June 2003, showing award of the Army Commendation Medal 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 4 years on 26 January 2000.  He completed basic combat and advanced individual training and was awarded military occupational specialty 21E (Heavy Construction Equipment Operator).  He was honorably released from active duty in the rank/grade of specialist (SPC)/E-4 on 25 January 2004 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve obligation.

3.  Item 12f (Foreign Service) of the applicant's DD Form 214 does not show he completed any foreign service.

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal and the Army Service Ribbon.

5.  Item 18 (Remarks) of the applicant's DD Form 214 does not show he served in a hostile fire pay/imminent danger pay (HFP/IDP) area.

6.  An electronic mail message, dated 19 October 2009, from the Defense Finance and Accounting Service, Indianapolis, IN, confirms that the applicant received HFP/IDP from 7 March 2003 to 10 October 2003 for his service in Kuwait.

7.  The applicant submitted a copy of an undated certificate of appreciation for his outstanding support to the 814th Engineer Company during Operation Iraqi Freedom.  He also submitted a copy of a certificate, dated 29 June 2003, showing he was awarded the Army Commendation Medal for meritorious achievement from 6 March 2003 to 31 May 2003 while assigned to the 864th Engineer Battalion during Operation Iraqi Freedom.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that 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 of this regulation states, in pertinent part, 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.  A review of the applicant's records indicates his entitlement to additional awards which are not shown on his DD Form 214.

10.  The applicant's records do not contain any derogatory information in the form of nonjudicial punishment, lost time, or a court-martial.  Additionally, his records do not contain official orders awarding him his first award of the Army Good Conduct Medal.

11.  Army Regulation 600-8-22 (Military Awards) 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.

12.  Army Regulation 600-8-22 states that 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.

13.  Army Regulation 600-8-22 states that the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have 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.  Battalion commanders and commanders of separate units have the authority to award the Global War on Terrorism Service Medal for approved operations to units and personnel within his or her command.  Service members may be awarded both the Global War on Terrorism Expeditionary Medal and the Global War on Terrorism Service Medal if they meet the criteria for both awards; however, the qualifying period used to establish eligibility for one award cannot be used to justify eligibility for the other award.  Only one award of the Global War on Terrorism Service Medal may be authorized to any individual; therefore, second and subsequent awards will not be awarded.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days or meet one of the following criteria:  (1) initial award of the Global War on Terrorism Service Medal is limited to airport security operations from 27 September 2001 through 31 May 2002 and Soldiers who supported Operations Noble Eagle, Enduring Freedom, and Iraqi Freedom; and (2) 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 the Global War on Terrorism Service Medal.

14.  The case analyst of record contacted the applicant on 3 and 4 November 2009 at the number listed on his application to inquire about the applicant's preference between the Global War on Terrorism Expeditionary Medal and the Iraq Campaign Medal; however, the applicant did not respond.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's pay records show he received HFP/IDP for service in Kuwait from 7 March 2003 to 10 October 2003.  Additionally, he received a certificate of appreciation and an Army Commendation Medal confirming his service in support of Operation Iraqi Freedom.  Therefore, there is sufficient evidence to correct his records to show he completed a period of 7 months and 4 days of foreign service in Kuwait/Iraq from 7 March 2003 to 10 October 2003.

2.  The applicant served in Kuwait/Iraq from 7 March 2003 to 10 October 2003; therefore, he served a qualifying period for award of the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal and is entitled to correction of his records to show these awards.

3.  Permanent orders awarded the applicant the Army Commendation Medal for meritorious achievement in support of Operation Iraqi Freedom which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  The evidence of record confirms that the applicant served honorably during the period 26 January 2000 through 25 January 2004.  He attained the rank/grade of SPC/E-4, served in Iraq, and was awarded an Army Commendation Medal.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant his first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his records to show this award.

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  00  00" and adding the entry "0000  07  04";

	b.  awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 26 January 2000 through 25 January 2003;

	c.  adding to item 13 of his DD Form 214 awards of the Army Commendation Medal, Army Good Conduct Medal (1st Award), Global War on Terrorism Service Medal, and Global War on Terrorism Expeditionary Medal; and 

	d.  adding to item 18 of his DD Form 214 the entry "Service in Kuwait/Iraq from 20030307-20031010."



      ___________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)                                         AR20090011393



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ABCMR Record of Proceedings (cont)                                         AR20090011393



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