IN THE CASE OF:	  

		BOARD DATE:	  20 January 2010

		DOCKET NUMBER:  AR20090013499 


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, all awards he is entitled to for his deployment in Kuwait/Iraq. 

2.  The applicant states, in effect, that he was deployed to Kuwait/Iraq from March to July 2003 and he feels his DD Form 214 (Certificate of Release or Discharge from Active Duty) should reflect the appropriate awards for this deployment.   

3.  In support of his application, the applicant provides a DD Form 1351-2 (Travel Voucher or Subvoucher); Memoranda for Record, dated 28 June 2003, 30 June 2003, 3 July 2003, and 4 July 2003; an Assumption of Command Memorandum, dated 5 July 2003; a DA Form 4187 (Personnel Action), and a Leave and Earnings Statement (LES), dated August 2003. 

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 military records show he enlisted in the Delayed Entry Program (DEP) on 23 September 1999.  He was separated from the DEP and he enlisted in the Regular Army in pay grade E-1 on 30 September 1999.  

3.  The applicant also submitted documentation from Fort Hood, TX that shows he redeployed from Operation Iraqi Freedom on 28 June 2003 due to scheduled expiration term of service.  

4.  The applicant provided a copy of a DD Form 1351-2, dated 18 June 2003, which he submitted to the Defense Finance and Accounting Service (DFAS) for payment for his period of deployment in the area of eligibility [Kuwait/Iraq] from 
31 March through 12 July 2003.

5.  In connection with the processing of this case, the Army Military Pay Operations, Defense Finance and Accounting Service (DFAS), was asked to verify the period of service the applicant was authorized hostile fire pay/imminent danger pay (HFP/IDP).  DFAS advised that the applicant received HFP for service in a combat zone (i.e., Kuwait/Iraq) from 31 March 2003 through 12 July 2003, a period of 3 months and 13 days.

6.  The applicant's LES for the period 1-31 August 2003 shows his HFP/IDP was stopped on 31 July 2003.  However, a Soldier is authorized HFP/IDP for the full month regardless of the departure date.

7.   The applicant was honorably released from active duty in pay grade E-4 on 29 September 2003 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).  He was issued a DD Form 214 that shows he completed 4 years of net active service and he has no recorded lost time.  Item 12f (Foreign Service) also shows no service. 

8.  The applicant’s DD Form 214, Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), does not show any awards for his service in Kuwait/Iraq.  Item 18 (Remarks) also does not contain an entry to show he deployed with a unit to Kuwait/Iraq during his period of active service.  



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. 

10.  The Department of Defense issued a directive designating the following four qualifying phases of Operation Iraqi Freedom: Liberation of Iraq from 19 March 2003 to 1 May 2003; Transition of Iraq from 2 May 2003 to 28 June 2004; Iraqi Governance from 29 June 2004 to 15 December 2005; and National Resolution from 16 December 2005 to a date to be determined.  A bronze service star, affixed to the Iraq Campaign Medal, denotes each qualifying phase.

11.  Army Regulation 600-8-22 also states that the Global War on Terrorism Service Medal, established by Executive Order 13289, 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.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days.

12.  Army Regulation 600-8-22 further provides that the 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 Good Conduct Medal, disqualification must be justified.  

13.  Army Regulation 635-5 (Separation Documents), prescribes the policies and procedures regarding separation documents.  Foreign service performed during the period covered by the DD Form 214 will be entered in Item 12f.  Active duty Soldiers deployed with their unit during their continuous period of active service, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) from (Inclusive dates for example, YYYYMMDD-YYYYMMDD) will be entered in Item 18 of the DD Form 214.  





DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to additional awards based on his deployment in Kuwait/Iraq.  The preponderance of the evidence suggests the applicant served in Kuwait/Iraq from 31 March through 12 July 2003.  

2.  Based on the available evidence the applicant participated in support of Operation Iraqi Freedom and met the criteria for award of the Iraq Campaign Medal with one bronze service star and the Global War on Terrorism Service Medal.  He is therefore entitled to these awards and to have them added to his DD Form 214.

3.  The available evidence shows the applicant completed a qualifying period of service for award of the Good Conduct Medal from 30 September 1999 to
29 September 2002.  There is no evidence that his commander ever disqualified him from receiving the award and there is no evidence of any misconduct which would justify denying him the award.  In view of the foregoing, it is concluded that the applicant met the basic qualifications for award of the Good Conduct Medal and it would be appropriate to award him this medal and add it to his DD Form 214.

4.  The period of service from 31 March through 12 July 2003 [the period the applicant served in Kuwait/Iraq] equals 3 months and 13 days.  Therefore, he is entitled to correction of his DD Form 214, Item 12f to show this foreign service.  A correction of Item 12f does not require any adjustments of the other blocks in Item 12 (Statement of Service).  

5.  The applicant is further entitled to correction of Item 18 to show "Service in Kuwait/Iraq from 20030331-20030712.”

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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.  awarding the applicant the Good Conduct Medal for the period 30 September 1999 to 29 September 2002; 

   b.  adding the Iraq Campaign Medal with one bronze service star, the Global War on Terrorism Service Medal, and the Good Conduct Medal to his DD Form 214; 

	c.  amending his DD Form 214, Item 12f to show he served 3 months and 
13 days of foreign service; 

   d.  amending his DD Form 214, Item 18 to show "Service in Kuwait/Iraq from 20030331-20030712"; and 

	e.  providing him a document that includes the above corrections.




      _______ _   _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)                                         AR20090013499



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ABCMR Record of Proceedings (cont)                                         AR20090013499



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