IN THE CASE OF:	  

		BOARD DATE:	  23 November 2010

		DOCKET NUMBER:  AR20100013780 


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 to item 12f (Record of Service - Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 February 2004 to show his overseas service during Operation Iraqi Freedom (OIF).

2.  He states he has proof of his service in Iraq.  His DA Form 638 (Recommendation for Award) for the Army Commendation Medal (ARCOM) mentions OIF and his deployment to Forward Logistics Base (FLB) Dogwood in Iraq.  He wants to have a current and accurate record.

3.  He provides a copy of:

* his Enlisted Record Brief (ERB)
* pages 1 and 3 of his DA Form 2-1 (Personnel Qualification Record - 
Part II)
* a DA Form 638
* his DD Form 214
* an internet article about his unit

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 military records show he enlisted in the Regular Army on 21 August 2002.  

3.  A staff member of the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, verified that the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 19 March 2003 through 10 June 2003.

4.  A DA Form 638, dated 2 June 2003, shows he was recommended for award of the ARCOM, for the period from 19 March 2003 through 10 June 2003, for meritorious achievement during OIF at FOB Dogwood in Iraq/Kuwait.  The ARCOM was approved on 30 September 2003.  

5.  He was discharged from active duty on 24 February 2004.  Item 12f of his
DD Form 214 shows no credit for foreign service.  Item 18 (Remarks) of his
DD Form 214 does not show any deployment entry for service in Iraq or Kuwait.

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Commendation Medal, National Defense Service Medal, and the Army Service Ribbon.

7.  Army Regulation 635-5 (Personnel Separations - 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:

	a.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214, and

	b.  item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier’s records.
	c.  item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)"

8.  Army Regulation 600-8-22 (Military Awards) states 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 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.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days.

9.  Army Regulation 600-8-22 states 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 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 OIF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  During his service in Iraq, the applicant participated in the following two campaigns:

* Liberation of Iraq (19 March 2003 - 1 May 2003)
* Transition of Iraq (2 May 2003 - 28 June 2004)

DISCUSSION AND CONCLUSIONS:

1.  The evidence of records shows the applicant was deployed to Kuwait/Iraq in support of OIF from 19 March 2003 through 10 June 2003, a period of 2 months and 23 days.  Therefore, item 12f of his DD Form 214 should be corrected to show he served 2 months and 23 days of foreign service.  Correction of Item 12f does not require any adjustment to the other blocks in Item 12 (Statement of Service) of his DD Form 214.  Item 18 of his DD Form 214 should also be corrected to show the entry, "Service in Kuwait/Iraq from 20030319 - 20030610."

2.  The evidence of records also confirms he served a qualifying period of service for entitlement to the Iraq Campaign Medal with two bronze service stars and the Global War on Terrorism Service Medal.   Therefore, his DD Form 214 should be corrected to show these two awards.

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 from Item 12f of his DD Form 214 the entry "00  00  00" and replacing it with the entry "00  02  23";

	b.  adding to item 13 of his DD Form 214 the Iraq Campaign Medal with two bronze service stars and the Global War on Terrorism Service Medal; and

   c.  adding to item 18 of his DD Form 214 the entry "Service in Kuwait/Iraq from 20030319 - 20030610.



      ___________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)                                         AR20100013780



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100013780



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1