IN THE CASE OF:	  

		BOARD DATE:	  15 April 2010

		DOCKET NUMBER:  AR20090017886 


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 he deployed and served overseas on three separate occasions.

2.  The applicant states, in effect, he was injured during his deployment in support of Operation Iraqi Freedom, sent back to Fort Bragg, North Carolina and assigned duty with another unit.  He also states his numerous attempts to have the two missing periods of deployments added to his DD Form 214 were unsuccessful.  He concludes by stating these corrections will enable him to obtain the help he needs.

3.  As documentary evidence in support of this application, the applicant provides:

	a.  two deployment orders;

	b.  a NATO Travel Order;

	c.  two DA Forms 638 (Recommendation for Award);

	d.  two award certificates;


	e.  a memorandum;

	f.  a DD Form 214; and

	g.  a DD Form 215 (Correction to DD Form 214).

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 enlisted in the Regular Army on 4 January 2002.  He completed basic combat training and advanced individual training.  Upon completion of training, he was awarded military occupational specialty 88M (Motor Transport Operator).  The highest rank he attained while serving on active duty was the rank of specialist/pay grade E-4.  On 8 July 2005, the applicant was honorably discharged in accordance with the provisions of paragraph 5-17 of Army Regulation 635-200 (Personnel Separations) due to a physical condition, not a disability.  At the time of his discharge, the applicant was credited with a total of 3 years, 6 months, and 5 days of active duty service.

3.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows he served overseas 0 years, 2 months, and 28 days.  Item 18 (Remarks) of this form shows the applicant served in support of Operation Iraqi Freedom in the country of Iraq from 1 December 2004 to 28 February 2005.

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 [as corrected by a DD Form 215, dated 1 March 2006] shows the applicant was awarded or authorized the Army Commendation Medal, the Army Achievement Medal (2nd Award), the National Defense Service Medal, the Global War on Terrorism Service Medal, the Army Service Ribbon, the Parachutist Badge, the Good Conduct Medal, and the Iraq Campaign Medal.

5.  Headquarters, XVIII Airborne Corps and Fort Bragg, Fort Bragg, North Carolina, Permanent Orders 361-027, dated 27 December 2002, show the applicant was deployed as a member of his unit to the Central Command (CENTCOM) Area of Responsibility (AOR) in support of Operation Enduring Freedom on or about 3 January 2003 for a period not to exceed 179 days.

6.  A DA Form 638, initiated 9 May 2003, and a DA Form 4980-18 (Army Achievement Medal Certificate) show Headquarters, 106th Transportation Battalion, APO AE 09366, Permanent Order 163-37, dated 12 June 2003, awarded the applicant the Army Achievement Medal for exceptionally meritorious achievement while deployed in support of Operation Iraqi Freedom from 12 January 2003 to 25 July 2003.  The Zip Code for both the applicant's company and his battalion headquarters are shown as APO AE 09366 on this form, which indicates they were based at Camp Arifjan, Kuwait.

7.  Headquarters, XVIII Airborne Corps and Fort Bragg, Permanent Orders 
014-046, dated 14 January 2004, and the corresponding NATO Travel Order show the applicant was deployed as a member of his unit to the CENTCOM AOR in support of Operation Iraqi Freedom on or about 25 January 2004 for a period of 120 days.

8.  A DA Form 638, initiated 29 April 2004, and a DA Form 4980-14 (Army Commendation Medal Certificate) show Headquarters, 375th Transportation Group, Camp Arifjan, Kuwait, APO AE 09366, Permanent Order 134-012, [dated 13 May 2004], awarded the applicant the Army Commendation Medal for exceptionally meritorious service while deployed in support of Operation Iraqi Freedom from 21 February 2004 to 15 May 2004.  The location for both the applicant's company and the group headquarters shown on this DA Form 638 indicate they were based at Camp Arifjan, Kuwait.

9.  A 7th Transportation Battalion, Fort Bragg, memorandum, dated 1 July 2005, Subject:  Personnel Tempo (PERSTEMPO) Tracking Sheet for Clearing shows the applicant was deployed on three occasions:

* January 2003 to July 2003
* January 2004 to May 2004
* December 2004 to February 2005

10.  A query of the applicant's Master Military Pay Account (MMPA) maintained by the Defense Finance and Accounting Service (DFAS) revealed he received pay and tax exclusion entitlements associated with deployment to a hostile fire area during three periods for a combined total of 10 months and 26 days.  The periods were from:
* 13 January 2003 to 8 July 2003 which equals 5 months and 26 days
* 22 February 2004 to 24 May 2004 which equals 3 months and 3 days
* 19 December 2004 to 14 February 2005 which equals 1 month and 
27 days

11.  Army Regulation 600-8-22 provides 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.

12.  Department of the Army Military Personnel Message 10-078, dated 17 March 2010, provided guidance on the criteria, applicability, and standards for awarding and wearing of bronze service stars on the Afghanistan Campaign Medal and the Iraq Campaign Medal.  This message shows, in pertinent part, that during the applicant's tour of duty in Iraq he completed a qualifying period of service during one campaign:  Iraqi Governance (29 June 2004 to 15 December 2005).

13.  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.  In pertinent part, it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that:

	a.  all decorations, badges, citations, and campaign ribbons awarded and authorized for all periods of service should be entered in item 13 of the 
DD Form 214;

	b.  the total amount of foreign service completed during their continuous period of active service will be entered as "YYYY MM DD" in item 12f of this form; and

	c.  for item 18, 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.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show he deployed and served overseas on three separate occasions was carefully considered and determined to have merit.

2.  Evidence clearly shows the applicant deployed overseas to the CENTCOM AOR on three separate occasions.  Evidence on the applicant's DA Forms 638, his DD Form 214, and a query of the applicant's MMPA maintained by DFAS show he deployed overseas for a combined total of 10 months and 26 days to the following countries during the periods and operations indicated:

* Kuwait, 13 January 2003 to 8 July 2003, Operation Enduring Freedom and Operation Iraqi Freedom
* Kuwait, 22 February 2004 to 24 May 2004, Operation Iraqi Freedom
* Iraq, 19 December 2004 to 14 February 2005, Operation Iraqi Freedom

3.  In view of the foregoing, the applicant is entitled to correction of Item 12f and Item 18 of his DD Form 214 to accurately reflect these deployments.

4.  Evidence shows the applicant served a qualifying period of service in the area of eligibility prior to the start of Operation Iraqi Freedom for award of the Global War on Terrorism Expeditionary Medal.  Therefore, the applicant is entitled to correction of his record to show this service medal.

5.  The evidence shows the applicant served a qualifying period of service in Iraq for award of the Iraq Campaign Medal and that he participated in one campaign.
Therefore, the applicant is entitled to correction of his records to show authorization for one bronze service star to be affixed to his previously awarded Iraq Campaign Medal.

BOARD VOTE:

____x____  ____x____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that the applicant's DD Form 214 be corrected by:

	a.  deleting the current entry in Item 12f and adding the entry "0000  10  26";

	b.  adding to Item 13 the Global War on Terrorism Expeditionary Medal and one bronze service star to be affixed to his previously awarded Iraq Campaign Medal;

	c.  deleting from Item 18 the current entry "SERVICE IN OPERATION IRAQI FREEDOM (IRAQ) FROM 20041201 to 20050228";

	d.  adding to Item 18 the entry "SERVICE IN SUPPORT OF OPERATION ENDURING FREEDOM AND OPERATION IRAQI FREEDOM IN KUWAIT FROM 20030113 TO 20030708//"SERVICE IN SUPPORT OF OPERATION IRAQI FREEDOM IN KUWAIT FROM 20040222 TO 20040524// SERVICE IN SUPPORT OF OPERATION IRAQI FREEDOM IN IRAQ FROM 20041219 TO 20050214"; and

	e.  providing the applicant a correction to his DD Form 214 to show 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)                                         AR20090017886



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ABCMR Record of Proceedings (cont)                                         AR20090017886



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