IN THE CASE OF:	  

		BOARD DATE:	    20 July 2010

		DOCKET NUMBER:  AR20090019497 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Iraq and all awards and campaign medals.

2.  The applicant states he served in Iraq from April 2003 to October 2003 and his DD Form 214 does not reflect this foreign service.  In a separate electronic message he requested any awards and service medals due him for this service.

3.  The applicant provides excerpts from his military medical records and Orders 232-0216, dated 19 August 2004, published by Headquarters, III Corps, showing he was discharged on 25 August 2004.

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 U.S. Army Reserve Delayed Entry Program on 2 May 1997.  He enlisted in the Regular Army on 20 June 1997 incurring a 4-year service commitment.  He completed basic and advanced individual training and was awarded military occupational specialty 19D (Cavalry Scout).  The highest rank he attained while serving on active duty was sergeant/pay grade E-5.

3.  The applicant's official record maintained on the integrated Personnel Electronic Records Management System contained a DA Form 2166-8 (Noncommissioned Officer Evaluation Report) for the period December 2002 through November 2003 showing the applicant was assigned to the Brigade Reconnaissance Troop, 2nd Brigade, 4th Infantry Division (Mechanized).  Part IId (Area of Special Emphasis) shows his special area of emphasis was Operation Iraqi Freedom.  The rater states the applicant demonstrated extreme physical endurance and stamina during continuous operations in a combat environment inspiring his crew to accomplish missions in a harsh desert environment.

4.  On 25 August 2004, the applicant was honorably discharged from active duty for disability.  He was entitled to and received severance pay.  He was issued a DD Form 214 showing he completed 7 years, 2 months, and 6 days of net active duty.

5.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows he received 1 year of foreign service credit.  The location of his foreign service tour(s) is/are not recorded on his DD Form 214.  There is no electronic Enlisted Record Brief available for the Board's review to determine where he earned his 1-year foreign service credit.

6.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following awards:

* Army Lapel Button
* Army Commendation Medal
* Army Achievement Medal (4th Award)
* Global War on Terrorism Service Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Driver and Mechanic Badge with Driver-W Bar

7.  Item 18 (Remarks) of the applicant's DD Form 214 does not contain an entry to show the applicant's period(s) or location(s) of deployment.

8.  The Defense Finance and Accounting System (DFAS) maintains financial records of all pay and allowances paid to Soldiers during their periods of service.  The DFAS computerized system shows the applicant received hostile fire pay for one period of service in an imminent danger pay zone from 9 April 2003 to 11 October 2003.  The duty location identified by DFAS records shows he served in Kuwait.

9.  In support of his application, he provided documents from his military medical records showing he was medically evaluated and admitted to the 113th Medical Company (Combat Stress Control) for a 5-day period for acute stress disorder and post-traumatic stress disorder.  On 4 October 2003, he was transferred to the 21st Combat Support Hospital in Iraq for medical evacuation through Kuwait City, Kuwait, and Ramstein Air Force Base, Germany, to his home station at Fort Hood, TX.  [Source for location of 21st Combat Support Hospital is at http://www.hood.army.mil/13sce/Pages/news/Stories/2006/04apr/deploy.html.]

10.  References:

	a.  The GlobalSecurity.org website shows that units of the 2nd Brigade, 4th Infantry Division, deployed to the Middle East in March 2003 in support of Operation Iraqi Freedom with the units of the brigade crossing the border into Iraq in the early dawn hours of 14 April 2003, ultimately going through Baghdad, Taji, and Tikrit.

	b.  Army Regulation 635-5 (Personnel Separations - 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.  It states 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.

	c.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (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.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  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)

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicant's documented service in Kuwait/Iraq, he is entitled to have his record corrected to show his service in Kuwait/Iraq from 9 April 2003 to 11 October 2003.

2.  Based on the applicant's active duty service and deployment to Kuwait/Iraq and service in direct support of Operation Iraqi Freedom from 9 April 2003 to 11 October 2003, he is entitled to award of the Iraq Campaign Medal.  In addition, records show the applicant participated in two campaigns while serving in Iraq.  Therefore, he is entitled to award of two bronze service stars to be affixed to his 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 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 the applicant's DD Form 214 the Iraq Campaign Medal with two bronze service stars and

	b.  adding to item 18 of the applicant's DD Form 214 the entry, "SERVICE IN KUWAIT/IRAQ FROM 20030409-20031011."



      __________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)                                         AR20090019497



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ABCMR Record of Proceedings (cont)                                         AR20090019497



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