IN THE CASE OF:	  

		BOARD DATE:	  30 March 2010

		DOCKET NUMBER:  AR20090015789 


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 the Iraq service dates listed in item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 5 July 2005, be corrected.

2.  The applicant states the beginning date of his Iraq service should be 9 October 2004 instead of 9 October 2005.  He states his unit was ordered to active duty on 7 June 2004 and served in Kuwait from 2 August 2004 to 9 October 2004 and in Iraq from 9 October 2004 through 4 June 2005.

3.  The applicant provides his DD Form 214 to support his request.

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 record shows that while serving in the Army National Guard (ARNG), his unit was ordered to active duty in support of Operation Iraqi Freedom on 7 June 2004.  It further shows he served on active duty until 5 July 2005, at which time he was honorably released from active duty (REFRAD) and returned to his ARNG unit.

3.  The DD Form 214 issued to the applicant on 5 July 2005 shows he completed 1 year and 29 days of active military service during the period and earned the following awards:

* Meritorious Service Medal
* Army Commendation Medal (2nd Award)
* Army Achievement Medal
* Army Reserve Components Achievement Medal (5th Award)
* National Defense Service Medal (2nd Award)
* Humanitarian Service Medal
* Armed Forces Reserve Medal with "M" Device (3rd Award)
* Armed Forces Reserve Medal
* Noncommissioned Officer Professional Development Ribbon with Numeral 3
* Overseas Service Ribbon
* Army Reserve Components Overseas Training Ribbon
* Driver and Mechanic Badge with "W" (Driver) Bar

4.  Item 18 of the DD Form 214 shows he served in Kuwait from 2 August 2004 to 9 October 2004 and in Iraq from 9 October 2005 [sic] to 4 June 2005.

5.  The Defense Finance and Accounting Service (DFAS) pay record confirms the applicant received hostile fire pay/imminent danger pay (HFP/IDP) during the period August 2004 through June 2005.

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.

7.  Chapter 2 of the same regulation contains preparation instructions for the DD Form 214.  The instructions for item 13 state to list all awards and decorations for all periods of service.  The instructions for item 18 state to enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" for Soldiers for deployed with their unit.

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-17 contains guidance on the ICM.  It states it is authorized for service in Iraq from 19 March 2003 to a future date to be determined by the Secretary of Defense.  A bronze service star shall be worn on the suspension and campaign ribbon of the ICM for each Iraq campaign a member is credited with participating in.  Approved campaigns are as follows:

* 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)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-date to be determined)

9.  Paragraph 2-18 of Army Regulation 600-8-22 contains guidance on the Global War on Terrorism Expeditionary Medal (GWOTEM).  It states it is authorized for 30 consecutive or 60 non-consecutive days of service in an authorized area of eligibility (AOE) from 11 September 2001 to a date to be determined.  Kuwait is identified as an authorized AOE.

10.  Paragraph 2-19 of Army Regulation 600-8-22 contains guidance on award of the Global War on Terrorism Service Medal (GWOTSM).  It states it is authorized for 30 consecutive or 60 non-consecutive days of service outside of an authorized AOE on or after 11 September 2001 to a future date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the beginning date of his Iraq service entered in item 18 of his DD Form 214 contains the incorrect year was carefully considered and found to have merit.  The record confirms the applicant served in Iraq from 9 October 2004 to 4 June 2005 and his DD Form 214 should be corrected to reflect these dates.

2.  The evidence of record further confirms that based on his active duty service outside of an authorized AOE after 11 September 2001, his service in the authorized AOE of Kuwait, and his service in Iraq, he is eligible for the GWOTSM, GWOTEM, and Iraq Campaign Medal with two bronze service stars.  As a result, these awards should be added to the list of awards in item 13 of his DD Form 214.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X___  ___X____  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 his 5 July 2005 DD Form 214 as follows:

	a.  item 13 - add the GWOTSM, GWOTEM, and ICM with two bronze service stars,

	b.  item 18 - by deleting the current Iraq service entry and replacing it with the entry "SERVICE IN IRAQ FROM 20041009-20050604," and

	c.  providing him a correction to his separation document 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)                                         AR20090015789



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090015789



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1