IN THE CASE OF:		  

		BOARD DATE:	14 January 2010  

		DOCKET NUMBER:  AR20090011491 


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 support of Operation Iraqi Freedom.

2.  The applicant states that his DD Form 214 fails to show that he served in Iraq for the period 3 March through 14 August 2003.  The applicant concludes that he deserves credit for the time he served in Iraq.

3.  The applicant provides no documentary evidence in support of his application.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests correction of the applicant's DD Form 214 to show his deployment to Iraq from 3 March 2003 to 14 August 2003.

2.  Counsel states that following a careful review of the evidentiary record (consisting primarily of the aforementioned documents provided by the applicant), they opine that the evidence provided by the applicant substantially reflect the facts needed for equitable review.

3.  Counsel provides 64 pages of documents previously submitted to the Department of Veterans Affairs (VA) in an effort to substantiate the applicant's claim for service connected Post Traumatic Stress Disorder (PTSD) as evidence in support of this application.  These documents include copies of a DD Form 214, a DD Form 2796 (Post-Deployment Health Assessment Questionnaire), two newspaper articles, four letters the applicant wrote to his wife, eight photographs, six pages extracted from the Public Broadcasting Service's (PBS) NOVA Internet website, and 41 pages of information extracted from the applicant's service personnel file. 

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 record shows that he obtained a conditional release from the U.S. Army Reserve on 27 February 2002 and enlisted in the Regular Army on 28 February 2002.  The applicant's military occupational specialty was 92S (Laundry and Textile Specialist).  At the time of his separation, the applicant held the rank of specialist (SPC)/pay grade E-4.  On 14 October 2003, the applicant was honorably discharged from the Army due to a physical condition that was determined to not be a disability.

3.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows he served overseas 0 years, 0 months, and 0 days.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of this form shows he applicant was awarded or authorized the Army Lapel Button, the National Defense Service Medal, and the Army Service Ribbon.  Item 18 (Remarks) of this form does not show the applicant served overseas during his period of active duty.

4.  A query of the applicant's Master Military Pay Account (MMPA) maintained by the Defense Finance and Accounting Service (DFAS) revealed that he received pay and tax exclusion entitlements associated with deployment to the hostile fire area of Kuwait during the period 20 March 2003 through 7 June 2003.


5.  Counsel provides 64 pages of documents previously submitted to the VA in an effort to substantiate the applicant's claim for service connected PTSD.  The documents which do pertain to corroborating the applicant's contention include:

	a.  a newspaper article extracted from the Killeen Daily Herald, of Killeen, Texas, dated 20 March 2003, in which the applicant and his wife were interviewed during his preparation to deploy as a member of the 21st Combat Support Hospital as part of a 650 Soldier group that would depart Fort Hood, Texas enroute to the U.S. Central Command area, which included Kuwait and Iraq that day;

	b.  a newspaper article extracted from the Killeen Herald Bulletin, of Anderson, Indiana, dated 31 March 2003, which shows the applicant was deployed in Iraq as a member of the 21st Combat Support Hospital and providing support to the 101st Airborne Division;

	c.  four letters that the applicant sent to his wife during March 2003 in which he essentially describes his daily activities in Iraq;

	d.  a DD Form 2796 completed by the applicant on 30 May 2003.  The applicant failed to enter a date in the field entitled "Date of arrival in theater."  In the field entitled "Date of departure from theater," the applicant indicated that he departed the deployed theater on 29 May 2003.  He indicated that he spent the majority of his deployment in the countries of Kuwait and Iraq in support of Operation Iraqi Freedom;

	e.  a VA, Regional Office, Indianapolis, Indiana, memorandum, dated           17 September 2009, shows a Joint Services Records Research Center (JSRRC) coordinator determined that the information required to corroborate the stressful events as described by the applicant in a letter dated 31 August 2009 was sufficient to request a VA medical examination.  The JSRRC coordinator also stated that evidence obtained from the applicant's DD Form 2796 showed he served in Iraq with the 21st Combat Support Hospital from 21 March to 20 May 2003;

6.  Army Regulation 600-8-22 (Military Awards) provides that award of the Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation.  

7.  Department of the Army Military Personnel Message 08-123 issued on 30 April 2008 provided guidance on the criteria, applicability, and standards for awarding and wearing of bronze service stars on the Afghanistan Campaign Medal and the Iraq Campaign Medal.  This message shows, in pertinent part, that during the applicant's tour of duty in Iraq he completed a qualifying period of service during two campaigns:  Liberation of Iraq (19 March 2003 through 1 May 2003) and Transition of Iraq (2 May 2003 through 28 June 2004).

8.  Army Regulation 600-8-22 provides 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 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.  

9.  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 states, in pertinent part, that:

	a.  the total amount of foreign service completed during their continuous period of active service will be entered as "YYYY MM DD" in Item 12f of the form;

	b.  all decorations, badges, citations, and campaign ribbons awarded or authorized for all periods of service should be entered in Item 13 of the form; and

	c.  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,.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his foreign service in support of Operation Iraqi Freedom was carefully considered and determined to have merit.

2.  The preponderance of evidence shows the applicant was deployed during the period of March to June 2003 as a member of the 21st Combat Support Hospital which was based in Balad, Iraq.

3.  A query of the applicant's MMPA maintained by DFAS revealed that he received pay and tax exclusion entitlements associated with deployment to a hostile fire area during the period of 20 March 2003 through 7 June 2003.  

Therefore, it may be deduced that the applicant served in the country of Iraq during the period of 20 March 2003 through 7 June 2003, for a total of 2 months and 19 days.

4.  The applicant is entitled to correction of his DD Form 214 to show his deployment to Iraq during the period 20 March 2003 through 7 June 2003 for a total of 2 months and 19 days of foreign service.

5.  Evidence shows the applicant served a qualifying period of service in Iraq for award of the Iraq Campaign Medal and that he participated in two campaigns.  Therefore, the applicant is entitled to correction of his records to show the Iraq Campaign Medal with two bronze service stars.

6.  Evidence shows the applicant served a qualifying period of service for award of the Global War on Terrorism Service Medal.  Therefore, the applicant is entitled to correction of his record 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.  deleting the current entry in Item 12f of his DD Form 214 and adding the entry "0000  2  19";

	b.  adding to item 13 of his DD Form 214 the Iraq Campaign Medal with two bronze service stars and the Global War on Terrorism Service Medal; 

	c.  adding to item 18 of the applicant's DD Form 214 the entry "SERVICE IN IRAQ FROM 20030320-20030607"; and

	d.  providing the applicant a correction to his DD Form 214 to show these changes.



      _______ _   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)                                         AR20090011491





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ABCMR Record of Proceedings (cont)                                         AR20090011491



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