IN THE CASE OF:	  

		BOARD DATE:	  8 June 2010

		DOCKET NUMBER:  AR20090020993 


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 add his service in Iraq and awards of the Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, Driver Badge (Wheel Vehicle), and Mechanic Badge (Track Vehicle).

2.  The applicant states he was awarded the two badges on 2 and 9 December 2003.  He also deployed to Iraq from 19 January 2003 to 19 July 2003 and served with Headquarters and Headquarters Company, 11th Engineer Battalion, 3rd Infantry Division.  This foreign service should entitle him to awards of the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal.

3.  The applicant provides:

* Copies of his DD Form 214 for the periods ending 11 July 2000 and
15 August 2004
* DD Form 215 (Correction to DD Form 214) for the period ending
15 August 2004, dated 24 August 2006
* Copies of orders awarding him the Driver and Mechanic Badges
* A copy of his Service Member Deployment History Outprocessing Verification, dated 31 August 2004
* A copy of The Army Commendation Medal certificate, dated 1 May 2003

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.  Having had prior service, the applicant's records show he enlisted in the Regular Army for a period of 3 years on 16 August 2001 and he held military occupational specialty 21W (Carpenter and Masonry Specialist).  He was assigned to the 11th Engineer Battalion at Fort Stewart, GA.

3.  He was honorably discharged on 15 August 2004 in the rank/grade of specialist (SPC)/E-4.  His DD Form 214 for this period of service shows the following:

	a.  Item 12f (Foreign Service) shows the entry "0000  00  00" indicating no foreign service.

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Presidential Unit Citation (Army), Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and Army Lapel Button.

	c.  Item 18 (Remarks) does not show he deployed with his unit during the period of service covered by this report.

4.  On 24 August 2006, he was issued a DD Form 215 that added his award of the Army Commendation Medal and the Army Achievement Medal.

5.  An electronic mail message from the Defense Finance and Accounting Service, Indianapolis, IN, dated 22 April 2010, confirms he received hostile fire/imminent danger pay (HF/IDP) from 22 January 2003 to 19 July 2003 for his service in Kuwait.

6.  The applicant submitted the following documents:

	a.  A copy of a Service Member Deployment History Outprocessing Verification, dated 31 August 2004 that shows he served in a named operation from 25 January 2003 to 19 July 2003.

	b.  A copy of a certificate, dated 1 May 2003, awarding him the Army Commendation Medal for meritorious service in Iraq in support of Operation Iraqi Freedom (OIF) from 20 March 2003 to 30 April 2003.

7.  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.

8.  Headquarters, 11th Engineer Battalion, Fort Stewart, published Permanent Orders 336-05, on 2 December 2003, awarding him the Driver Badge (Wheel Vehicle) and Permanent Orders 343-06, on 9 December 2003, awarding him the Mechanic Badge (Track Vehicle).

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

	a.  The Global War on Terrorism Expeditionary Medal is authorized for award to members who deployed abroad for service in the Global War on Terrorism (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.

	b.  The Iraq Campaign Medal is awarded to members who have served in direct support of OIF.  The AOE 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)

DISCUSSION AND CONCLUSIONS:

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

2.  Permanent orders awarded him the Driver and Mechanic Badge with Driver-W (for Wheel Vehicles) and the Mechanics (for Track Vehicle) Bars, which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his
DD Form 214 to show these badges.

3.  His records show he completed 6 months and 1 day of foreign service in Kuwait/Iraq from 22 January 2003 to 19 July 2003.  Therefore, he is entitled to correction of his DD Form 214 to show this period of foreign service.  Additionally, since the official beginning date of OIF was 19 March 2003:

	a.  It is reasonable to presume he served in Kuwait from 22 January 2003 through on or about 19 March 2003 and, as such, served a qualifying period for award of the Global War on Terrorism Expeditionary Medal.

	b.  It is also reasonable to presume he served in Iraq from on or about 19 March 2003 through 19 July 2003 and, as such, served a qualifying period for award of the Iraq Campaign Medal.  Furthermore, he participated in the Liberation of Iraq (19 March 2003 - 1 May 2003) and the 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.

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.  deleting from item 12f of his DD Form 214 for the period ending 15 August 2004 the entry "0000  00  00" and replacing it with the entry "0000  06  01;

	b.  adding to item 13 of his DD Form 214 for the period ending 15 August 2004 the Iraq Campaign Medal with two bronze service stars, Global War on Terrorism Expeditionary Medal, and the Driver and Mechanic Badge with
Driver-W and Mechanic Bars; and

	c.  adding to item 18 of his DD Form 214 for the period ending 15 August 2004 the entry "SERVICE IN KUWAIT/IRAQ FROM 20030122 - 20030719."



      _______ _   _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)                                         AR20090020993



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ABCMR Record of Proceedings (cont)                                         AR20090020993



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