IN THE CASE OF:	

		BOARD DATE:	  22 December 2009

		DOCKET NUMBER:  AR20090012682 


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 he served overseas in Iraq.

2.  The applicant states he deployed overseas to Iraq on 15 February 2003 and redeployed to the United States on 15 August 2003.  He adds he would like his overseas service added to his DD Form 214, along with his authorized awards.

3.  The applicant provides copies of his deployment orders and recommendation for award.

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 10 June 1999.  Upon completion of training, he was awarded military occupational specialty
11B (Infantryman).

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

   a.  Item 5 (Oversea Service) that he served in Afghanistan from 18 January through 17 July 2002; and

	b.  Item 9 (Awards, Decorations and Campaigns) shows that he was awarded the Army Service Ribbon, Parachutist Badge, Air Assault Badge, Combat Infantryman Badge, Army Achievement Medal, Army Commendation Medal, National Defense Service Medal, Army Good Conduct Medal, one Overseas Service Bar, and the Expert Marksmanship Qualification Badge with (M-16) Rifle and Hand Grenade Bars.

4.  Headquarters, 3rd Brigade, 101st Airborne Division (Air Assault), Tall Afar, Iraq, Permanent Orders Number 280-272, dated 7 October 2003, awarded the applicant the Army Commendation Medal for exemplary service during combat operations with the 101st Airborne Division (Air Assault) during Operation Iraqi Freedom (OIF) from 1 March 2003 to 7 October 2003.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 30 November 2003 based on completion of required active service and transferred to the USAR Control Group (Reinforcement).  At the time he had completed 4 years, 5 months, and 21 days of net active service.  Additionally:

	a.  item 12 (Record of Service), block f (Foreign Service), shows he completed 6 months of foreign service this period;

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Achievement Medal, Army Commendation Medal, Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Bar, Expert Marksmanship Qualification Badge with (M-16) Rifle and Hand Grenade Bars, Combat Infantryman Badge, Parachutist Badge, and Air Assault Badge; and

	c.  item 18 (Remarks), in pertinent part, shows he had service in Afghanistan from 18 January 2002 to 17 July 2002.

6.  The applicant provides the following documents in support of his request:

	a.  DA Form 638 (Recommendation for Award) shows Headquarters, 3rd Brigade, 187th Infantry Regiment, 101st Airborne Division (Air Assault), Iraq, Permanent Orders Number 183-004, dated 2 July 2003, awarded the applicant the Army Commendation Medal for meritorious service while assigned to Company C, 2nd Battalion, 187th Infantry, during Operations Noble Eagle, Enduring Freedom, Anaconda, and Iraqi Freedom from 18 December 2000 to 30 November 2003.

   b.  Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, Kentucky, Orders 041-722, dated 10 February 2003, with a one-page 2nd Battalion, 187th Infantry, personnel manifest shows the applicant deployed with his unit in support of Operation Enduring Freedom (OEF) on 15 February 2003.

7.  There is no evidence in the applicant's military personnel records that shows he was awarded the Afghanistan Campaign Medal, Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, or Global War on Terrorism Service Medal.

8.  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 in (Kuwait) from 28 February through 2 August 2003.

9.  During the processing of this case, an ABCMR staff member contacted the applicant to determine if he had a preference regarding award of the Global War on Terrorism Expeditionary Medal or the Afghanistan Campaign Medal for his service in support of OEF.  He was also asked if he had a preference regarding award of the Global War on Terrorism Expeditionary Medal or the Iraq Campaign Medal for his service in support of OIF.  In response, the applicant indicated he would prefer award of the Afghanistan Campaign Medal and Iraq Campaign Medal, respectively.

10.  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 Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  This regulation also provides that an oak leaf cluster is awarded to denote the second and each succeeding award of certain decorations, among which is the Army Commendation Medal. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	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;

   c.  the Afghanistan Campaign Medal (ACM) is authorized for award to members of the Armed Forces of the United States who have served in direct support of OEF.  The AOE encompasses all land area of the country of Afghanistan and all air spaces above the land.  The ACM period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  The Military Awards regulation also shows:

		(1)  that only one award of the ACM may be authorized for any individual.  No service member will be entitled to both the ACM and GWOTEM for the same act, achievement, or period of service.  Upon application, such a service member may be authorized the ACM in lieu of the GWOTEM for such service; and

		(2)  also lists the Afghanistan campaign phases, including the Liberation of Afghanistan (11 September 2001 to 30 November 2001), Consolidation I (1 December 2001 to 30 September 2006), and Consolidation II (1 October 2006 to a date to be determined).  This regulation 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 ACM;

	d.  the Iraq Campaign Medal (ICM) is authorized for award to members of the Armed Forces of the United States who have served in direct support of 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)  also lists the Iraq campaign phases, including the Liberation of Iraq (19 March 2003 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 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; and

	e.  the Global War on Terrorism Service Medal (GWOTSM) is designated for Soldiers who have participated in or served in support of Global War on Terrorism Operations outside of the designated AOE determined for award of the GWOTEM on or after 11 September 2001 to a date to be determined.  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 this award. 

11.  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.

12.  Paragraph 2-4 (Completing the DD Form 214) of Army Regulation 635-5 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 12f 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 Iraq and all of his authorized awards and decorations.

2.  Records show the applicant served overseas in Afghanistan from 18 January 2002 to 17 July 2002 and that this 6-month period of foreign service is recorded in both item 12f and item 18 of his DD Form 214.

3.  The applicant contends he served in Iraq from 15 February 2003 to 15 August 2003.  However, pay records confirm he served overseas in support of OIF in Kuwait/Iraq from 28 February 2003 to 2 August 2003.  A calculation of this latter period of service shows it equates to 5 months and 5 days.  Therefore, it would be appropriate to correct item 12 and item 18 of the applicant's DD Form 214 to show this foreign service.

4.  Records show that permanent orders awarded the applicant the Army Commendation Medal on two separate occasions.  Therefore, it would be appropriate to correct his DD Form 214 to show two awards of the Army Commendation Medal.

5.  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., Afghanistan).  Records also show the applicant qualified for award of the ACM in lieu of the GWOTEM based on his service in support of OEF.  In addition, the applicant requests award of the ACM in lieu of the GWOTEM.  Additionally, records show the applicant served in Afghanistan during the Consolidation I campaign.  Therefore, it would be appropriate to correct his DD Form 214 to show award of the ACM with one bronze service star.

6.  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., Iraq).  Records also show the applicant qualified for award of the ICM in lieu of the GWOTEM based on his service in support of OIF.  In addition, the applicant requests award of the ICM in lieu of the GWOTEM.  Additionally, records show 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.

7.  Records show the applicant qualified for award of the GWOTSM for his service in support of the Global War on Terrorism outside the AOE.  Therefore, it would be appropriate to correct his DD Form 214 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 from item 12f of his DD Form 214 the entry, "0000 06 00" and adding the entry, "0000 11 05";

	b.  deleting from item 13 of his DD Form 214 the Army Commendation Medal;

	c.  adding to item 13 of his DD Form 214 the Army Commendation Medal (2nd Award), Afghanistan Campaign Medal with one bronze service star, Iraq Campaign Medal with two bronze service stars, and Global War on Terrorism Service Medal; and


	d.  adding to item 18 of his DD Form 214 the entry "SERVICE IN IRAQ/
KUWAIT FROM 20030228-20030802//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)                                         AR20090012682



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ABCMR Record of Proceedings (cont)                                         AR20090012682



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