BOARD DATE:	  22 September 2009

		DOCKET NUMBER:  AR20090015358 


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, that item 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his deployment in support of Operation Iraqi Freedom.  He also requests all awards and decorations to which he may be entitled for his service in support of Operation Iraqi Freedom.  He further requests that the sixth digit of his Social Security Number (SSN) be corrected on a DA Form 638 (Recommendation for Award), dated 14 April 2003 .    

2.  The applicant states, in effect, that his record needs to reflect combat in Operation Iraqi Freedom and the commendations received.  He indicates that his SSN is incorrect on a DA Form 638 and that the sixth digit of his SSN is "7."  He contends that he is now in need of inpatient post-traumatic stress disorder services which are being denied because his record does not reflect combat.

3.  The applicant provides a copy of his DD Form 214; a copy of the DA Form 638, dated 14 April 2003; orders for the Army Commendation Medal; and numerous Jumps Leave and Earnings Statements in support of his application. 

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 enlistment contract, dated 22 July 2002, shows the sixth digit of his SSN is "7."  He enlisted in the Regular Army on 22 July 2002.  He served as a field artillery firefinder radar operator.  On 18 December 2003, the applicant was discharged under honorable conditions (a general discharge) for misconduct. 

3.  Item 3 (SSN) on the applicant's DD Form 214 shows the sixth digit of his SSN is "7."  Item 12f (Foreign Service) on his DD Form 214 shows the entry "0000 00 00."  His DD Form 214 shows the Presidential Unit Citation (Army), the National Defense Service Medal, the Army Service Ribbon, and the Army Lapel Button as authorized awards.  Item 18 on his DD Form 214 does not show any deployments.

4.  Records at the Defense Finance and Accounting Service (DFAS) show the applicant served in a combat zone receiving hostile danger pay during the period 
27 January 2003 to 3 June 2003 in Kuwait.  

5.  Item 6 (SSN) on a DA Form 638, dated 14 April 2003, for award of the Army Commendation Medal for the period 20 March 2003 to 14 April 2003 shows the sixth digit of the applicant's SSN is "9."  This form states, in pertinent part, that the applicant "distinguished himself and the unit while serving and participating in the Force Protection of Baghdad International Airport during Operation Iraqi Freedom."   
 
6.  Headquarters, 3d Infantry Division (M) Artillery, Permanent Orders #117-187, dated 27 April 2003, show the applicant received the Army Commendation Medal.  

7.  All of the applicant's service personnel records show the sixth digit of his SSN is "7."

8.  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 (OIF).  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 OIF.  A bronze service star is authorized for wear on the Iraq Campaign Medal for the following campaigns:  Liberation of Iraq 19 March    2003 – 1 May 2003; Transition of Iraq 2 May 2003 – 28 June 2004; Iraqi Governance 29 June 2004 – 15 December 2005; and National Resolution         16 December 2005 – Date to be determined.

9.  Army Regulation 600-8-22 states that the Global War on Terrorism Service Medal (GWOTSM) 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. 

10.  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 establishes standardized policy for the preparation of the DD Form 214.  It states 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.  

11.  Army Regulation 635-5 also states that for Item 12f, from the Soldier's records, enter the total amount of foreign service completed during the period covered in Item 12c (Net Active Service This Period).

DISCUSSION AND CONCLUSIONS:

1.  The DFAS information and the DA Form 638 which show the applicant served in Kuwait and Iraq are accepted as sufficient evidence on which to amend item 18 on the applicant’s DD Form 214 to show he served in Kuwait/Iraq.  Therefore, item 18 on his DD Form 214 should be corrected to show he served in Kuwait/Iraq from 27 January 2003 to 3 June 2003.  

2.  Item 12f of the applicant's DD Form 214 should also be corrected to show he served 4 months and 7 days of foreign service.

3.  Orders show the applicant received the Army Commendation Medal.  Therefore, his DD Form 214 should be corrected to show this medal.  


4.  Based on the applicant's service in Iraq, he is eligible for award of the Iraq Campaign Medal with two bronze service stars.

5.  The applicant served a period of qualifying service for award of the GWOTSM. 

6.  Evidence of record shows the sixth digit of the applicant's SSN is "7."  Therefore, it would be appropriate to correct item 6 on the applicant's DA Form 638, dated 14 April 2003.

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 entry in item 12f on his DD Form 214;

	b.  adding the entry "0000 04 07" in item 12f on his DD Form 214;

	c.  adding the Army Commendation Medal, the Iraq Campaign Medal with two bronze service stars, and the GWOTSM in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214;

	d.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20030127 – 20030603" in item 18 on his DD Form 214; and





	e.  correcting the sixth digit of his SSN to show "7" on the DA Form 638, dated 13 April 2003.




      _______ _   _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)                                         AR20090015358





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ABCMR Record of Proceedings (cont)                                         AR20090015358



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