BOARD DATE:	  21 October 2010 

		DOCKET NUMBER:  AR20100011279 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his service in Iraq and by awarding him the Iraq Campaign Medal.

2.  The applicant states he served in Iraq from 23 April 2003 to 17 October 2003, but his DD Form 214 shows service only in Kuwait, where he had been for only 1 week prior to going to Iraq.

3.  The applicant provides copies of his DD Form 214, 79th Military Police Company deployment orders, and U.S. Army Human Resources Command Permanent Orders 354-06.

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, a career Reserve Soldier, was activated in support of Operation Enduring Freedom and entered active duty on 24 January 2003.

3.  Headquarters, Fort McCoy, Permanent Orders 038-23, dated 7 February 2003, ordered the mobilization of the 79th Military Police Company in support of Operation Enduring Freedom for a period not to exceed 365 days.  The attached unit roster includes the applicant's name.

4.  U.S. Army Human Resources Command Permanent Orders 354-06, dated 19 December 2008, awarded the 79th Military Police Company (as a subordinate unit to the 744th Military Police Battalion) the Meritorious Unit Commendation for its service during Operation Iraqi Freedom from 14 April 2003 to 4 April 2004.

5.  The applicant was honorably discharged due to parenthood on 17 October 2003.

6.  His DD Form 214 lists his awards as the Army Achievement Medal (2nd Award), Army Reserve Components Achievement Medal (2nd Award), National Defense Service Medal (2nd Award), Armed Forces Expeditionary Medal, Armed Forces Reserve Medal (2nd Award), Armed Forces Reserve Medal with "M" Device (2nd Award), Army Reserve Components Overseas Training Ribbon, and the Driver and Mechanic Badge.  It shows he was ordered to active duty in support of Operation Enduring Freedom and served in Kuwait from 24 January 2003 to 23 January 2004.

7.  A review of the applicant's pay information by the Defense Finance and Accounting Service (DFAS) shows receipt of hazardous duty pay and combat zone tax exemption from April 2003 through October 2003 for Kuwait; specific dates are not available.

8.  A review of the 744th Military Police Battalion website shows it was awarded the Meritorious Unit Commendation with a streamer embroidered "IRAQ 2003-2004."

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

	a.  Individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom [Operation Iraqi Freedom commenced on 19 March 2003.]  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 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 Operation Iraqi Freedom.

	b.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who participated in the Global War on Terrorism operations outside of the designated areas of eligibility on or after 11 September 2001 to a future date to be determined.

	c.  A bronze service star is authorized based on qualifying service for each designated campaign listed in appendix B and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Iraq Campaign Medal.  Based on the applicant's dates of service in Iraq, appendix B indicates he participated during the Liberation of Iraq from 19 March 2003-1 May 2003 and Transition of Iraq from 2 May 2003-28 June 2004.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he served in Iraq from 23 April 2003 to 17 October 2003, but his DD Form 214 shows service only in Kuwait, where he had spent only 1 week prior to going to Iraq.

2.  Although the available evidence shows the 79th Military Police Company served in Iraq, the specific dates are not clear.  The entry on the DD Form 214 is incorrect as it shows service in Kuwait from the date he entered active duty through a date after his discharge.

3.  Based on the applicant's statement that he was in Kuwait a week before entering Iraq on 23 April 2003 and the information on file with DFAS, it is appropriate to correct the DD Form 214 in block 18 (Remarks) showing his service in "KUWAIT 20030124-20040123" to read "KUWAIT/IRAQ 20030416-20031017."

4.  The applicant served in the area of operations for which the Iraq Campaign Medal is authorized.  It is appropriate to award him this medal.

5.  He served during two campaign periods and is authorized two bronze service stars to be worn on his Iraq Campaign Medal.

6.  The applicant served on active duty during the period for which the Global War on Terrorism Service Medal is authorized.  It is appropriate to award him this medal.
BOARD VOTE:

___x_____  ___x____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 Iraq Campaign Medal with two bronze service stars and the Global War on Terrorism Service Medal to his authorized awards on his DD Form 214 for the period ending 17 October 2003, and

	b.  correcting the DD Form 214 in block 18 to read "KUWAIT/IRAQ 20030416-20031017."



      ____________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)                                         AR20100011279



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ABCMR Record of Proceedings (cont)                                         AR20100011279



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