IN THE CASE OF:	

		BOARD DATE:	 11 May 2010 

		DOCKET NUMBER:  AR20090019231 


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 from 14 February 2003 to 16 July 2003 and all awards and decorations associated with this service.

2.  The applicant states that his DD Form 214 does not show his service in support of Operation Iraqi Freedom (OIF).

3.  The applicant provides a copy of his DD Form 214 Worksheet, dated 22 January 2004, in support of 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 records show he enlisted in the Regular Army for a period of 3 years on 30 September 1998 and held military occupational specialty 21W (Carpenter and Masonry Specialist).

3.  His records also show he served in Germany from on or about 30 September 1998 to on or about 26 September 2001 during which he executed a 3-year reenlistment on 23 January 2001 and attained the rank/grade of sergeant (SGT)/
E-5 on 1 February 2001.  He was assigned to the 558th Transportation Company, Fort Eustis, VA, from October 2001 to January 2004.

4.  He was honorably released from active duty in the rank/grade of SGT/E-5 on 22 January 2004.  The DD Form 214 he was issued shows he completed 5 years, 3 months, and 23 days of creditable active service.  This form also shows the following entries:

	a.  Item 12f (Foreign Service) shows he completed 3 years and 5 months of foreign service.

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Commendation Medal (2nd Award), Army Achievement Medal, North Atlantic Treaty Organization Medal, Army Good Conduct Medal, National Defense Service Medal (2nd Award), Noncommissioned Officer (NCO) Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, Kosovo Campaign Medal, Expert Marksmanship Qualification Badge with Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and Driver and Mechanic Badge with Driver-W Bar.

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

5.  An electronic mail message, dated 19 October 2009, from the Defense Finance and Accounting Service, Indianapolis, IN, confirms that the applicant received HFP/IDP from 14 February 2003 to 26 July 2003 for his service in Kuwait.

6.  His records contain a DA Form 2166-8 (NCO Evaluation Report) for the period April 2003 through January 2004 that shows the comments "demonstrated his personal sacrifice during OIF," "deployed for OIF," "deployed his squad to KNB, Kuwait, and completed over 40 DS/GS [Direct Support/General Support] jobs," and "emphasis on safety resulted in 120 accident-free days during OIF."

7.  He submitted a copy of his DD Form 214 Worksheet that listed his service in Kuwait from 14 February 2003 to 16 July 2003.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous 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.

9.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.

	b.  The Global War on Terrorism Expeditionary Medal is authorized for award to members who deployed abroad for service in the GWOT operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States.  The Secretary of Defense will designate the specific AOE per qualifying operation.  Kuwait is a designated AOE.

	c.  The Iraq Campaign Medal is awarded to members who have served in direct support of OIF.  The area of eligibility encompasses all the land area of the country of Iraq, 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.  Approved campaigns are:

* 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)

	d.  The Kosovo Campaign Medal is awarded to members of the Armed Forces of the United States who, after 24 March 1999, participated in or served in direct support of specified Kosovo Operations.  One bronze service star is authorized with the Kosovo Campaign Medal for participation in each campaign.  The Kosovo Air Campaign began on 24 March 1999 and ended on 10 June 1999 and the Kosovo Defense Campaign began on 11 June 1999 and ends on a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he served in Kuwait/Iraq in support of OIF from 14 February 2003 to 16 July 2003.

	a.  He completed 2 years, 11 months, and 28 days of foreign service in Germany from on or about 30 September 1998 to on or about 26 September 2001 and he was credited with 3 years and 5 months of foreign service, thus leaving a balance of 5 months and 3 days of foreign service served elsewhere. 

	b.  His DD Form 214 Worksheet listed his service of 5 months and 3 days from 14 February 2003 to 16 July 2003 in Kuwait and his pay records show he received HFP/IDP for service in Kuwait from 14 February 2003 to 26 July 2003.  Additionally, his NCOER clearly shows he deployed to Kuwait/Iraq in support of OIF.

	c.  Therefore, there is sufficient evidence to correct his DD Form 214 to show he completed a period of 5 months and 3 days of foreign service in Kuwait/Iraq from 14 February 2003 to 16 July 2003.

2.  He served on active duty on or after 11 September 2001.  Therefore, he served a qualifying period of service for award of the Global War on Terrorism Service Medal and is entitled to correction of his records to show this award.

3.  He served in Kuwait/Iraq from 14 February 2003 to 16 July 2003.  The official beginning date of OIF was 19 March 2003.

	a.  It is reasonable to presume he was in Kuwait from 14 February 2003 through on or about 19 March 2003 and therefore served a qualifying period for award of the Global War on Terrorism Expeditionary Medal and is entitled to correction of his records to show it.

	b.  It is also reasonable to presume he served in Iraq from on or about 19 March 2003 through 16 July 2003 and therefore served a qualifying period for award of the Iraq Campaign Medal and is entitled to correction of his records to show it.  Additionally, he participated in the Liberation of Iraq (19 March 2003-1 May 2003) and Transition of Iraq (2 May 2003-28 June 2004) campaigns and is entitled to two bronze service stars to be affixed to the Iraq Campaign Medal.

4.  He was awarded the Kosovo Campaign Medal.  Although his period of service in Kosovo is unknown, the Kosovo Air Campaign began on 24 March 1999 and ended on 10 June 1999 and the Kosovo Defense Campaign began on 11 June 1999 and ends on a date to be determined.  He is therefore entitled to at least one bronze service star to be affixed to his already-awarded Kosovo Campaign Medal.

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.  adding to item 13 of his DD Form 214 awards of the Iraq Campaign Medal with two bronze service stars, Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, and one bronze service star to be affixed to his already-awarded Kosovo Campaign Medal; and 

	b.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT/
IRAQ FROM 20030214-20030716."



      ___________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)                                         AR20090019231



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090019231



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1