BOARD DATE:	  10 November 2010

		DOCKET NUMBER:  AR20100013457 


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) as follows:

	a.  Add awards of the Bronze Star Medal, Military Outstanding Volunteer Medal, and Iraq Campaign Medal.

	b.  Show he served in Kuwait/Iraq from 1 March 2003 to 18 June 2003.

	c.  Add to item 18 (Remarks) the following language "Retained in service 183 days for the convenience of the Government UP (Under the provisions of) Title 10, USC (U.S. Code), section 12305." 

2.  He states the retirement services office failed to properly annotate his DD Form 214 with all appropriate entries. 

3.  He provides copies of the following documents:  

* DD Form 214
* Military Personnel (MILPER) Message 03-184 (Stop Loss)
* DA Form 638 (Recommendation for Award), certificate, and citation for award of the Bronze Star Medal
* DA Form 638 and certificate for award of the Military Outstanding Volunteer Medal
* A letter from the National Personnel Records Center

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 records show he enlisted in the Regular Army (RA) on 15 November 1983 and held military occupational specialty 68S (OH58D Avionic Armament Repairer).  He served through multiple extensions or reenlistments, within and outside continental United States, and attained the rank/grade of staff sergeant (SSG)/E-6.

3.  On 21 October 1999, he executed an indefinite reenlistment in the RA.  Item 8b (Agreement - Remarks) of his DD Form 4 (Enlistment/Reenlistment Document) shows the entry "I understand that my reenlistment is for an indefinite period and that I will be allowed to serve up to the retention control point (RCP) for my current rank.  The RCP for my current rank is 30 June 2003."

4.  He was honorably retired on 30 November 2003 and he was placed on the retired list in his retired rank/grade of SSG/E-6.  He was credited with 20 years, 6 months, and 24 days of creditable active service.  His DD Form 214 shows the following entries:

	a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Army Achievement Medal (6th Award), Meritorious Service Medal, Army Commendation Medal (2nd Award), Army Good Conduct Medal (6th Award), National Defense Service Medal (2nd Award), Noncommissioned Officer's Professional Development Ribbon with Numeral 2, Army Service Ribbon (5th Award), Master Aircraft Crewman Badge.

	b.  Item 18 the entry "Service in Kuwait/Iraq 20030301 to 20030618" but it does not show that he was retained for a period of 183 days.

5.  Headquarters, 101st Airborne Division, Mosul, Iraq, Permanent Orders Number 156-198D, dated 5 June 2003, awarded him the Bronze Star Medal for meritorious service during combat operations in Iraq from 19 March 2003 to 21 July 2003. 

6.  Headquarters, 8th Battalion, 101st Aviation Regiment, Fort Campbell, KY, awarded him the Military Outstanding Volunteer Service Medal for outstanding volunteer contributions to the military communities. 

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

	a.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  The area of eligibility 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 period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or cessation of OIF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  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)

	b.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.  

8.  MILPER Message Number 03-184, dated 4 June 2003 announced the total lift of active component unit stop loss for OIF and partial lift of all component 12-month skill-based stop loss.  This message stated, in pertinent part, Soldiers subject to stop loss will continue to receive pay and allowances without interruption until transitioned.  Transition centers will ensure new retirement or separation orders are issued or amended as appropriate.  The Soldier's DD Form 214 will be issued in accordance with Army Regulation 635-5 (Separation Documents) with special attention to the required entries in the "Remarks" section of this form.  Of particular importance, the "Remarks" section must contain the statement "Retained in Service (Specify Number of Day) for convenience of the Government UP 10 USC 12305." 

9.  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 and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.   Chapter 2 contains guidance on the preparation of the DD Form 214.  It states the Remarks block is used for Headquarters, Department of the Army mandatory requirements when a separate block is not available and as a continuation of selected items.  For an active duty Soldier deployed to a foreign country, the following statement is required to be entered in item 18:  "Service in (Name of County Deployed) from (inclusive dates for example, YYYYMMDD – YYYYMMDD)" 

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded him the Bronze Star Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The evidence of record shows he was awarded the Military Outstanding Volunteer Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  He served on active duty on or after 11 September 2001.  Therefore, he served a qualifying period of service for award of the Global War on Terrorism Service Medal and is entitled to correction of his records to show this award.

4.  He served in Kuwait/Iraq in support of OIF from 1 March 2003 to 18 June 2003; therefore, he served a qualifying period of service for award of the Iraq Campaign Medal.  Additionally, he participated in the Liberation of Iraq and Transition of Iraq campaigns during his service in Iraq.  Therefore he is entitled to two bronze service stars to be affixed to the Iraq Campaign Medal.

5.  The evidence of record shows upon his indefinite reenlistment in October 1999, he understood he would be allowed to serve up to the RCP of his rank of SSG/E-6, no later than 30 June 2003.  However, it appears he was retained for the convenience of the Government until 30 November 2003 due to stop loss and combat operations.  Therefore, his DD Form 214 should be corrected to show the number of days he was retained for the convenience of the Government.

6.  With respect to his service in Kuwait/Iraq from 1 March 2003 to 18 June 2003, item 18 of his DD Form 214 already shows his service.  Therefore, no further correction is needed.

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:

* Adding to item 13 of his DD Form 214 the Bronze Star Medal, Military Outstanding Volunteer Medal, Global War on Terrorism Service Medal, and Iraq Campaign Medal with 2 bronze service stars
* Adding to item 18 of his DD Form 214 the entry "Retained in Service 183 days for convenience of the Government UP 10 USC 12305"



      _______ _   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)                                         AR20100013457



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ABCMR Record of Proceedings (cont)                                         AR20100013457



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