IN THE CASE OF:	

		BOARD DATE:	  4 March 2010

		DOCKET NUMBER:  AR20090015505 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to document his foreign service in Iraq in support of Operation Enduring Freedom (OEF) and Operation Iraqi Freedom (OIF).

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

3.  The applicant provides a deployment order, North Atlantic Treaty Organization order, Post Deployment Health Assessment, and Standard Forms 600 (Chronological Record of Medical Care) 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 military record shows he enlisted in the Regular Army and entered active duty on 22 January 2002.  He was trained in, awarded, and served in military occupational specialty 35E (Radio/Communications Security Repairer).

3.  On 29 January 2003, the U.S. Army Intelligence Center and Fort Huachuca issued Order 029-00028 which directed the deployment of the applicant's unit in support of OEF for the period 15 February 2003 to 13 August 2003 with a group manifest that includes his name.

4.  On 4 November 2003, the applicant was honorably discharged in the rank of private/E-2 after completing 1 year, 9 months, and 13 days of creditable active military service.  The DD Form 214 he was issued at this time contains the entry "0000  00  00" in item 12f (Foreign Service) and item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned National Defense Service Medal and Army Service Ribbon during his active duty tenure.

5.  A review of the applicant's Defense Finance and Accounting Service (DFAS) military pay record shows he received imminent danger pay/hostile fire pay for service in Iraq from 10 February 2003 through 13 August 2003.  It also shows that during this period he specifically served in Kuwait from 19 February 2003 to 28 May 2003.

6.  Army Regulation 635-5 (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 item-by-item instructions for preparing the DD Form 214.  The instructions for item 12f state to enter the total amount of foreign service completed during the period covered by the DD Form 214 and item 18 specifies, in pertinent part, that for active duty Soldiers deployed with their unit, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be included.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-17 contains guidance on the Iraq Campaign Medal (ICM) and states, in pertinent part, that it is authorized for service in Iraq from 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation.  A campaign star is authorized with this award for each Iraq campaign a member is credited with participating in.  During the applicant's tenure of assignment participation credit was granted for the Transition of Iraq (2 May 2003-28 June 2004) campaign.

8.  Paragraph 2-18 of Army Regulation 600-8-22 contains guidance on the Global War on Terrorism Expeditionary Medal (GWOTEM).  It states, in pertinent part, that it is authorized to members who deployed abroad to an authorized area of eligibility (AOE) for service in Global War on Terror operations on or after 11 September 2001 to a date to be determined.  Service must have been for at least 30 consecutive or 60 nonconsecutive days in support of OEF or OIF.  Kuwait is an authorized AOE for the GWOTEM and Iraq was an authorized AOE through 18 March 2003.

9.  Paragraph 2-19 of Army Regulation 600-8-22 contains guidance on award of the Global War on Terrorism Service Medal (GWOTSM).  It states, in pertinent part, that it is authorized to members who participated in the Global War on Terror outside of a designated AOE for the GWOTEM on or after 11 September 2001.  All Soldiers on active duty who served 30 consecutive or 60 nonconsecutive days are authorized the GWOTSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to properly document his service in Iraq was carefully considered and found to have merit.  By regulation, item 12f of the DD Form 214 will contain the total amount of foreign service completed during the period covered by the DD Form 214 and item 18 will include entries documenting deployed service.

2.  In this case, the evidence of record confirms the applicant completed a total of 6 months and 4 days of service in both Iraq and Kuwait from 10 February 2003 through 13 August 2003 as evidenced by his DFAS pay record.  As a result, it would be appropriate to correct item 12f and item 18 of his DD Form 214 accordingly.

3.  The evidence of record also confirms that based on the applicant's service and campaign participation in Kuwait (19 February 2003-28 May 2003) and Iraq (29 May 2003-13 August 2003), he is eligible for the GWOTEM and ICM with one campaign star.  In addition, based on his service in support of the Global War on Terror outside of an authorized AOE, he is also eligible for the GWOTSM.  As a result, it also would be appropriate to add these awards to his record and DD Form 214 at this time.


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 amending the applicant's DD Form 214 as follows:

	a.  item 12f - delete the current entry and replace it with the entry "0000  06  04";

	b.  item 13 - add the ICM with one campaign star, GWOTEM, and GWOTSM;

	c.  item 18 - add the entry "SERVICE IN IRAQ/KUWAIT FROM 20030210-20030813"; and

	d.  provide him with a correction to his DD Form 214 that includes 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)                                         AR20090015505



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ABCMR Record of Proceedings (cont)                                         AR20090015505



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