IN THE CASE OF:	  

		BOARD DATE:	  09 March 2010

		DOCKET NUMBER:  AR20090016759 


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 his service in Iraq and all awards and decorations as a result of this service.

2.  The applicant states that his DD Form 214 does not show his service in support of Operation Iraqi Freedom and/or his service medals.

3.  The applicant provides in support of his request a copy of his DD Form 214, dated 7 October 2004; a copy of a certificate awarding him the Army Commendation Medal for service in support of Operation Iraqi Freedom; a copy of a DA Form 4697 (Report of Survey), dated 2 February 2004, with allied documents, sworn statements, and findings and recommendations.

COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE:

1.  Counsel requests correction of the applicant's DD Form 214 to show his service in Iraq and all awards and decorations as a result of this service.

2.  Counsel states that following a careful review of the evidentiary record, the issues raised by the applicant amply advance his contention and substantially reflect the probative facts needed for an equitable review. 

3.  Counsel did not provide any additional documentary evidence in support of the applicant's 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 records show he enlisted in the Regular Army for a period of 3 years on 1 August 2002.  He completed basic combat and advanced individual training and was awarded military occupational specialty 92F (Petroleum Supply Specialist).  He was discharged on 7 October 2004.  The DD Form 214 he was issued shows he completed 2 years, 2 months, and 7 days of creditable active service.  This form further shows the following entries:

	a.  Item 12f (Foreign Service) does not show he completed any foreign service.

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Global War on Terrorism Service Medal, the National Defense Service Medal, and the Army Service Ribbon.

	c.  Item 18 (Remarks) does not show he served in a hostile fire pay/imminent danger pay (HFP/IDP) area.

3.  Permanent Order Number 014-27, issued by an unknown headquarters, awarded the applicant the Army Commendation Medal for meritorious achievement while deployed in support of Operation Iraqi Freedom from 5 April 2003 to 5 April 2004.

4.  An electronic mail message, dated 5 February 2010, from the Defense Finance and Accounting Service, Indianapolis, IN, confirms that the applicant received HFP/IDP from 14 July 2003 to 31 March 2004 for his service in Kuwait.


5.  The applicant submitted a copy of a DA Form 4697, dated 2 February 2004, with allied documents, that essentially show he was involved in an alcohol-related vehicular incident at a Forward Operations Base (FOB) in Iraq on 1 December 2003.  

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Chapter 2 of this regulation states, in pertinent part, 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.

7.  A review of the applicant's records indicates his entitlement to additional awards which are not shown on his DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Expeditionary Medal 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.  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.  Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal is no longer authorized to be awarded for service in Iraq; however, service members who qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 30 April 2005 in an area for which the Iraq Campaign Medal was subsequently authorized shall remain qualified for the Global War on Terrorism Expeditionary Medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service; however, no service member shall be entitled to award of the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal for the same act, achievement, or period of service.

9.  The case analyst of record contacted the applicant on 24 and 25 February and 1 March 2010 at the number listed on his application to inquire about the applicant's preference between the Global War on Terrorism Expeditionary Medal and the Iraq Campaign Medal; however, the applicant did not respond.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his service in Iraq and his awards and decorations. 

2.  Permanent orders awarded the applicant the Army Commendation Medal for meritorious achievement in support of Operation Iraqi Freedom which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  With respect to his foreign service, the Army Commendation Medal certificate he provided recognized his achievement in support of Operation Iraqi Freedom from 5 April 2003 to 5 April 2004.  However, his pay records show he received HFP/IDP for service in Kuwait from 14 July 2003 to 31 March 2004.  The dates of service are inconsistent.  In the absence of additional documentary evidence that supports his exact dates of service in Iraq, there is insufficient evidence to list his foreign service and/or service in Iraq on his DD Form 214.

4.  Nevertheless, given the report of survey that shows he was involved in a vehicular incident at an FOB in Iraq on 1 December 2003 and given his receipt of HFP/IDP from July 2003 to March 2004, there appears to be sufficient evidence that shows he served a qualifying period for award of the Global War on Terrorism Expeditionary Medal and is entitled to correction of his records to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X__  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of his DD Form 214 the Army Commendation Medal and the Global War on Terrorism Expeditionary Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to his service in Iraq.  




      _______ _ 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)                                         AR20090016759



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ABCMR Record of Proceedings (cont)                                         AR20090016759



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