IN THE CASE OF:	  

		BOARD DATE:	  26 August 2010

		DOCKET NUMBER:  AR20100009412 


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) for the ending period 18 November 2004 to show
that he served in Kuwait and Iraq during Operation Enduring Freedom (OEF) and Operation Iraqi Freedom (OIF).

2.  The applicant states, in effect, that he wants his records to reflect he served in support of OEF and OIF for the period January 2003 through January 2004.  The applicant states he was assigned to Fort Rucker, Alabama from Germany and he believes his gaining unit had no idea he served in Kuwait and Iraq.

3.  The applicant indicates that he provides a copy of his movement orders; however, the orders are not available.

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 30 January 1996 and successfully completed basic combat and advanced individual training.  He was awarded military occupational specialty 21W (Carpentry and Masonry Specialist). 

3.  Headquarters, 937th Engineer Group (Combat) Forward Orders, dated 5 May 
2003, show the applicant was awarded the Army Commendation Medal for meritorious service while serving with the 94th Engineer Battalion during OEF and OIF.

4.  On 18 January 2004, the applicant was discharged from active duty after completing 8 years, 9 months, and 19 days of creditable active service.

5.  The applicant's DD Form 214 for the period ending 18 January 2004 shows he was awarded:

* National Defense Service Medal
* Army Commendation Medal
* Army Achievement Medal
* Army Good Conduct Medal
* Army Service Ribbon
* Global War on Terrorism Service Medal
* Marksman Marksmanship Qualification Badge (M-16)   

6.  Item 12f (Foreign Service) of his DD Form 214 shows the entry Year(s) "000" Month(s) "00" and Day(s) "00."  Item 18 (Remarks) does not show service in Kuwait or Iraq.

7.  Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record – II) shows he completed a 36 month tour in Germany for the period 11 June 2001 through 1 June 2004.

8.  On 4 September 2008, the Defense Finance and Accounting Service (DFAS) confirmed the applicant served in a combat zone and received hostile fire pay (HFP) for the period 28 January 2003 through 16 January 2004 in Kuwait.

9.  Human Resources Command (HRC) Military Awards Branch, issued a Frequently Asked Questions guide of examples to show the status of Soldiers deployed to Southwest Asia for eligibility for the ICM and other awards.  That guide lists "Question:  I deployed originally in support of Operation Enduring Freedom (OEF) on 15 Feb 03 and served in Kuwait waiting for Operation Iraqi Freedom (OIF) to begin.  On 19 Mar 03, my unit moved into Iraq to support OIF.  I served in Iraq from 19 Mar 03 through 30 Dec 03.  I need clarification on whether I am authorized the GWOTEM for the time in Kuwait and the ICM for service in Iraq?  Answer:  You qualify for award of the GWOTEM for the time in support of OEF in Kuwait from 15 Feb 03 to 18 Mar 03.  You qualify for award of the ICM for the period of 19 Mar 03 to 30 Dec 03."

10.  The HRC Military Awards Branch Frequently Asked Questions guide further shows the eligibility for the OSR.  "Question:  I deployed to Iraq or Afghanistan from an outside the Continental United States (OCONUS) duty station.  Am I authorized the OSR for my OCONUS tour and for my tour in Iraq or Afghanistan? Answer:  Overseas tour credit is outlined in AR 614-30.  Provided below is a clarification statement the proponent to Army Regulation 614-30 has provided our office: "When a Soldier is serving OCONUS on a prescribed tour and is deployed on TDY/TCS the original prescribed tour is not interrupted.  Soldier can get credit for two tours."

11.  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.  It states, in pertinent part, that for an active duty Soldier deployed with his or her unit during their continuous period of active service enter "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" in item 18. 

12.  Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal must have served in direct support of OIF.  The area of eligibility encompasses all 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.  During the applicant's service in Iraq he participated in the following two campaigns: 

* Liberation of Iraq 19 March 2003 through 1 May 2003
* Transition of Iraq 2 May 2003 through 28 June 2004


13.  Army Regulation 600-8-22 states the Global War on Terrorism Expeditionary Medal (GWOTEM) 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.  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 in operations approved by the Secretary of Defense.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM. 

14.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 214 does not show service in Kuwait and Iraq.  However, DFAS confirmed that he served in Kuwait for the period 28 January 2003 through 16 January 2004 and his award of the Army Commendation Medal show that he participated in both OEF and OIF.

2.  The evidence provided by DFAS and the applicant's award of the Army Commendation Medal are accepted as sufficient evidence to show he served in Kuwait and Iraq from 28 January 2003 through 16 January 2004.  Therefore, his DD Form 214 should be amended to show "SERVICE IN KUWAIT AND IRAQ --20030128 THROUGH 20040116 in item 18.

3.  Based on DFAS confirmation that the applicant deployed and received hostile fire pay for the period 28 January 2003 through 16 January 2004 he is eligible for award of the Global War on Terrorism Expeditionary Service Medal for being deployed in support of OEF and the Iraq Campaign Medal with two bronze service stars for being deployed in support of OIF.  These awards should be added to his DD Form 214.

4.  The applicant's DD Form 214 shows he completed 3 years of foreign service and his DA Form 2-1 shows he completed a 36-month tour in Germany in conjunction with his 1-year deployment in Kuwait and Iraq.  Therefore, he has completed two overseas tours.  The applicant is eligible for the Overseas Service Ribbon (2nd Award).  


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 the following awards to item 13 of his DD Form 214:

* Iraq Campaign Medal with two bronze service stars 
* Global War on Terrorism Expeditionary Service Medal 
* Overseas Service Ribbon (2nd Award); and 

	b.  adding "SERVICE IN KUWAIT AND IRAQ --20030128 THROUGH 20040116" in item 18 of his DD Form 214.




      _______ _   __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)                                         AR20100009412



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)