BOARD DATE:	  29 July 2010

		DOCKET NUMBER:  AR20100001067 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by adding awards due based on service in Iraq.  

2.  The applicant states his DD Form 214 does not document he went to Iraq and fought and does not include awards he is eligible for based on his Iraq service.  

3.  The applicant provides his DD Form 214 and unit orders to Iraq in support of his application.  

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 record shows he enlisted in the Regular Army on 
14 September 1999 and was trained in and awarded military occupational specialty (MOS) 19K (M-1 Armor Crewman).  

3.  The applicant’s record shows he served in Kosovo and received the Armed Forces Expeditionary Medal (AFEM) and NATO (North Atlantic Treaty Organization) Medal based on this service.  The specific period of the applicant’s service in Kosovo is not documented in his record.  

4.  The applicant’s unit (Headquarters and Headquarters Company, 1st Brigade, 3rd Infantry Division) was assigned to Kuwait in support of Operation Enduring Freedom with a scheduled arrival date of on or about 25 January 2003.  A roster attached to the unit movement orders included the applicant’s name.  

5.  On 20 October 2003, the applicant was honorably released from active duty (REFRAD), in the rank of specialist/E-4, upon completion of his required active duty service.  The DD Form 214 he was issued at the time shows he earned the following awards in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* Army Good Conduct Medal
* National Defense Service Medal
* AFEM--Kosovo
* Kosovo Campaign Medal
* Army Service Ribbon
* Army Lapel Button
* NATO Medal-Kosovo

6.  Item 18 (Remarks) of the applicant’s DD Form 214 contains an entry indicating he served in support of Operation Iraqi Freedom from 24 January through 20 June 2003.  The specific countries of his service are not identified.  

7.  The unit history of the 1st Brigade, 3rd Infantry Division shows the unit arrived in Kuwait in January 2003 and moved into Iraq on 20 March 2003, and began moving to Baghdad.  On 9 April 2003, Baghdad fell to coalition forces led by the 3rd Infantry Division, and the unit continued serving in areas in and around Baghdad, Iraq for the next three months.  

8.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-17 contains guidance on award of the Iraq Campaign Medal (ICM).  It states it is authorized for 30 consecutive or 60 non-consecutive days of service in Iraq from 19 March 2003, to a future date to be determined.  A bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in Iraq. 
9.  Designated Iraq campaigns are as follows:
* 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 – Date to be determined)
10.  Paragraph 2-18 of the awards regulation contains guidance on award of the Global War on Terrorism Expeditionary Medal (GWOTEM).  It states it is authorized for 30 consecutive or 60 non-consecutive days of deployed service abroad in support of the Global War on Terror (GWOT) in a designated area of eligibility from 11 September 2001 to a date to be determined.  Kuwait is a designate AOE and Iraq was a designated AOE through 18 March 2003.  

11.  Paragraph 2-19 of the awards regulation contains guidance on the Global 
War on Terrorism Service Medal (GWOTSM).  It states it is authorized for 
30 consecutive or 60 non-consecutive days of service outside of a designated AOE from 11 September 2001 to a date to be determined.  

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains instructions for preparing the DD Form 214.  The instructions for item 12f (Foreign Service) states to enter all overseas service completed during the period covered by the DD Form 214.  The instructions for item 18 (Remarks) state for active duty Soldiers deployed with their unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention his DD Form 214 does not properly document his service in Iraq and the awards he is eligible for based on this service has been carefully considered and found to have merit.  

2.  By regulation, all overseas service completed during the period covered by the DD Form 214 will be accounted for in item 12f and a statement will be added to item 18 documenting the country served in for active duty Soldiers deployed with their units. 

3.  The evidence of record confirms the applicant served in Kosovo but the dates of this service are not in the record and the applicant has failed to provide them.  As a result, it is impossible to add an entry with the dates of his deployed service to this country in item 18.  However, item 18 of his DD Form 214 confirms the applicant was deployed in support of Operation Enduring/Iraqi Freedom from 
24 January through 20 June 2003, and his record contains orders confirming his deployment with his unit (1st Brigade, 3rd Infantry Division).  

4.  The 1st Brigade, 3rd Infantry Division unit history shows during the applicant’s deployment, his unit served in Kuwait from 24 January 2003 until it moved into Iraq on 20 March 2003, and that it served Iraq through 20 June 2003, the date of the applicant’s departure from country.  It would be appropriate to delete the current entry regarding the applicant’s service in support of Operation Enduring/Iraqi Freedom in item 18 and replace it with the entries "SERVICE IN KUWAIT FROM 20030124-20030319” and “SERVICE IN IRAQ FROM 20030320-20030620.” 

5.  The evidence of record also shows that based on his qualifying service in support of the GWOT outside of a designated AOE after 11 September 2001, he is eligible for the GWOTSM; and based on his service in Kuwait between
24 January and 18 March 2003, he is eligible for the GWOTEM.  In addition, based on his service and campaign participation in Iraq from 20 March through 20 June 2003, he is authorized the ICM with 2 bronze service stars.  Therefore, it would also be appropriate to add these awards to item 13 of his DD Form 214.  

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 amending his DD Form 214 as follows:

   a.  Item 13 – add the Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, and Iraq Campaign Medal with 2 bronze service stars; and 

	b.  Item 18 – delete the current entry pertaining to service in support of Operations Enduring/Iraqi Freedom and replace it with the entries "SERVICE IN KUWAIT FROM 20030124-20030319” and “SERVICE IN IRAQ FROM 20030320-20030620; and 

	c.  providing him a correction to his DD Form 214 that includes 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)                                         AR20100001067



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)