IN THE CASE OF:	  

		BOARD DATE:	  19 October 2010

		DOCKET NUMBER:  AR20100011009 


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 he deployed to Iraq in March 2003 and in 2005.  He also requests any awards regarding his deployment be shown on his DD Form 214.  

2.  The applicant states the following:

* He served in Iraq twice during his service in the Army
* He deployed with the 109th Transportation Company, 28th Transportation Battalion
* His first deployment was in March 2003 and his second deployment was in 2005 with the same unit

3.  The applicant provides the following documents in support of his application:

* Post-Deployment Health Assessment
* Movement order for forces identified in a USAREUR [U.S. Army, Europe] message
* Noncommissioned Officer Evaluation Report (NCOER) for the period April 2005 through March 2006
* Leave and Earnings Statements for the months of October 2003 and April 2003
* DD Form 214



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 31 May 2001.  He was assigned to Germany in November 2001.  

3.  The applicant completed a Post-Deployment Health Assessment on 27 September 2003.  This document shows he was deployed to Kuwait/Iraq in support of Operation Iraqi Freedom while assigned to the 109th Transportation Company.  He indicated he departed from theater in October 2003.  

4.  His Leave and Earnings Statement for April 2003 and October 2003 show he received hostile fire pay (HFP)/imminent danger pay (IDP) during these months.  

5.  The applicant’s NCOER for the period April 2005 through March 2006 shows he was assigned to the 109th Transportation Company in Iraq.  This report shows he performed duties as a wheeled vehicle mechanic while assigned to a Medium Truck Company deployed to Southwest Asia in support of Operation Iraqi Freedom.  

6.  The applicant was discharged on 5 August 2006.  Item 12f (Foreign Service) on his DD Form 214 shows he completed 4 years, 8 months, and 7 days of foreign service.  Item 18 (Remarks) does not show he served in support of Operation Iraqi Freedom.  

7.  His DD Form 214 shows, in part, the Global War on Terrorism Expeditionary Medal (GWOTEM) and the Global War on Terrorism Service Medal (GWOTSM) as authorized awards.  



8.  In an email, dated 4 August 2010, the Defense Finance and Accounting Service (DFAS) indicated the applicant received HF/IDP and Combat Zone Tax Exclusion (CZTE) during 11 March 2003 through 16 October 2003 for Kuwait and 8 June 2005 through 31 March 2006 for Kuwait.

9.  On 23 September 2010, a member of the Board’s staff contacted the applicant to inform him that by regulation, both the GWOTEM and Iraq Campaign Medal (ICM) could not be awarded for the same period of service in Iraq and that he could choose either for his Iraq service.  The applicant requested award of the ICM.  

10.  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 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.

11.  Army Regulation 600-8-22 (Military Awards) states that individuals authorized the ICM must have served in direct support of Operation Iraqi Freedom (OIF).  The area of eligibility encompasses all land area of the country of Iraq, and 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 ICM 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 Operation Iraqi Freedom.  

12.  Service members qualified for the GWOTEM by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement or period of service.  A bronze service star is authorized for the Liberation of Iraq (19 March 2003 to 1 May 2003); the Transition of Iraq (2 May 2003 to 28 June 2004); the Iraqi Governance (29 June 2004 to 15 December 2005); and the National Resolution (16 December 2005 to a date to be determined).



DISCUSSION AND CONCLUSIONS:

1.  The applicant’s military pay records at DFAS show he received HF/IDP and CZTE from 11 March 2003 through 16 October 2003 and 8 June 2005 through 31 March 2006 for service in Kuwait.  His NCOER for the period ending March 2006 and Post-Deployment Health Assessment confirm he was assigned to the 109th Transportation Company in support of Operation Iraqi Freedom.  

2.  The applicant's military pay records and NCOER are accepted as sufficient evidence to amend item 18 of his DD Form 214 to show the following entries:

* "SERVICE IN KUWAIT/IRAQ FROM 20030311 - 20031016."
* "SERVICE IN KUWAIT/IRAQ FROM 20050608  - 20060331"

3.  The applicant served a period of qualifying service in Iraq for award of the ICM with four bronze service stars.  However, the Military Awards regulation directs that no service member shall be entitled to award of the ICM and the GWOTEM for the same act, achievement or period of service.

4.  Since the applicant has requested award of the ICM in lieu of the GWOTEM, his DD Form 214 should be amended by deleting his award of the GWOTEM and by adding award of the ICM with four bronze service stars.

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 the GWOTEM from his DD Form 214 and replacing it with the ICM with four bronze service stars; and

	b.  amending item 18 of his DD Form 214 by showing the entries "SERVICE IN KUWAIT/IRAQ FROM 20030311-20031016" and "SERVICE IN KUWAIT/IRAQ FROM 20050608-20060331."




      _______ _   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)                                         AR20100011009





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ABCMR Record of Proceedings (cont)                                         AR20100011009



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