IN THE CASE OF:	

		BOARD DATE:	 7 January 2010 

		DOCKET NUMBER:  AR20090012044 


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 time served in Iraq.

2.  The applicant states that his DD Form 214 does not show his service in Iraq. 

3.  The applicant provides, in support of his application, copies of his DD Form 214 ending 1992 and 2004; DA Form 638 (Recommendation for Award) dated 
9 June 2003; Certificate for award of the Army Commendation Medal; and DA Form 2166-8 (NCO Evaluation Report) for the period from April 2003 through March 2004. 

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.  On 5 December 1984, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty (MOS) 52D (Power Generation Equipment Repairer).  He was released from active duty on 9 April 1992.  He had attained the rank of specialist, pay grade    E-4, and had completed 7 years, 4 months, and 5 days of creditable active duty service.

3.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, ending on 9 April 1992, lists his awards as the Good Conduct Medal, National Defense Service Medal, Noncommissioned Officer's Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, Driver and Mechanic Badge with Driver-W and Mechanic Bars, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  

4.  On 16 February 1993, the applicant enlisted in the Regular Army.  

5.  In June 2001, the applicant completed the 20-week training course for award of MOS 27M (Multiple Launch Rocket System Repairer).

6.  On 1 April 2003, the applicant was promoted to sergeant, pay grade E-5.   

7.  Defense Finance and Accounting records show that the applicant received hostile fire/imminent danger pay during the period 14 April 2003 to 
17 January 2004 (9 months and 4 days).  He was awarded the Army Commendation Medal for meritorious service from 14 April to 1 July 2003 in support of Operation Iraqi Freedom.  His DA Form 2166-8 reports that he took part in Operations Bullet and Benchstock.  His technical abilities proved to be a valued asset during the hot summer months of Operation Bullet. 

8.  On 3 December 2004, the applicant was honorably discharged due to physical disability.  He had completed a total of 11 years, 9 months, and 18 days of creditable active duty service.

9.  Item 12f (Foreign Service) of his DD Form 214, ending on 3 December 2004, does not show any overseas service during this period of service.

10.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, ending on 3 December 2004, lists his awards as the National Defense Service Medal, Army Service Ribbon, and Global War on Terrorism Service Medal.  It does not show any awards for service in Iraq.

11.  Item 18 (Remarks) of the applicant's DD Form 214, ending on 3 December 2004, does not show his deployed service in Iraq.

12.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides, in pertinent part, for an entry in block 12f of the total amount of foreign service completed during the current period of active duty. It further provides that Item 13 will list the individual's awards for all periods of service; and that Item 18 will contain the following entry for Regular Army Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."   

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Iraq Campaign Medal.  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.  The area of eligibility encompasses all land area of the country of Iraq and the contiguous sea area out to 12 nautical miles and the air space above these areas.  To qualify for award of this campaign medal, service members must have been assigned or attached to or mobilized with units operating in these areas of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:  a) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; b) be medically evacuated from the area of eligibility for wounds or injuries resulting from participation in an operation or official duties; or c) participates 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 1 day of eligibility].  This campaign medal may be awarded posthumously.  Only one award of the Iraq Campaign Medal may be authorized for any individual.  Service stars are prescribed for wear with this medal.  The Iraq Campaign Medal may be awarded with the bronze arrowhead device to eligible Soldiers.  Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal (GWOTEM) is no longer authorized to be awarded for service in Iraq; however, service members who qualified for the GWOTEM 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 GWOTEM.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for such service; however, no service member shall be entitled to award of the Iraq Campaign Medal and the GWOTEM for the same act, achievement, or period of service.


14.  A directive issued by the Department of Defense on 16 April 2008 designated four phases of Operation Iraqi Freedom as qualifying for a campaign star.  The applicant's records show that he participated in the following two campaigns: Liberation of Iraq and the Transition of Iraq.  A bronze service star will be awarded for wear on the Iraq Campaign Medal for participation in each campaign.

15.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.  

16.  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq or Afghanistan in a temporary change of station (TCS) or temporary duty (TDY) status receive credit for a completed short tour.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214, ending on 3 December 2004, should be corrected to show his service in Iraq.

2.  The available evidence shows that the applicant served in Iraq from 14 April 2003 through 17 January 2004.  Therefore, Item 12f of his DD Form 214 ending on 3 December 2004, should be corrected to show his 9 months and 4 days of overseas service.  Item 18 of this same form should be corrected to add: "Service in Iraq from 20030414 – 20040117. 

3.  The evidence clearly shows that the applicant served on active duty during a qualifying period for award of the Iraq Campaign Medal with two bronze service stars.  Therefore, his DD Form 214 should be corrected to add this award.

4.  The evidence clearly shows that the applicant served during qualifying period in Iraq for award of the Overseas Service Ribbon.  Therefore, his records should be corrected to show award of the Overseas Service Ribbon with Numeral 2.

5.  In accordance with the governing regulation, Item 13 of the applicant's last DD Form 214 should be corrected to show all of his awards.


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.  showing in Item 12f of his DD Form 214 ending on 3 December 2004: 
9 months and 4 days;
	
   b.  showing in addition to the awards already listed in Item 13 of his DD Form 214 ending on 3 December 2004 he is entitled to the Good Conduct Medal, Iraq Campaign Medal with two bronze service stars, Noncommissioned Officer's Professional Development Ribbon, Overseas Service Ribbon with numeral 2, Driver and Mechanic Badge with Driver-W and Mechanic Bars, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and

	c.  adding in Item 18 of his DD Form 214 ending on 3 December 2004: Deployed to Iraq from 20030414 through 20040117.




      _______ _   _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)                                         AR20090012044



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ABCMR Record of Proceedings (cont)                                         AR20090012044



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