IN THE CASE OF:	  

		BOARD DATE:	  11 January 2011

		DOCKET NUMBER:  AR20100014430 


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 Kuwait and Iraq.

2.  The applicant states he needs this service documented on his DD Form 214 to support his application for Department of Veterans Affairs (VA) disability benefits.

3.  The applicant provides copies of his DD Form 214, a certificate of achievement for service in Kuwait, photographs, temporary change of station orders to Kuwait with an attached personnel list, VA Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative), and a marked up copy of the VA response to his application for benefits for post-traumatic stress disorder.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests correction of the applicant's DD Form 214 to show service in Kuwait/Iraq.

2.  Counsel states that even though the VA denied the applicant's claim the documents that were submitted show the applicant served in Kuwait/Iraq.

3.  Counsel provides no additional documents.



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 15 November 2000.  He completed the training requirements and he was awarded military occupational specialty MOS 91W (Health Care Specialist).  He also completed basic parachute training and he was assigned to the 407th Forward Support Battalion, 82nd Airborne Division.  

3.  The applicant was separated on 27 June 2003 with an honorable discharge.  His DD Form 214 lists his authorized awards as the Army Achievement Medal (5th Award), National Defense Service Medal, Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, Expert Field Medical Badge, and the Parachutist Badge.

4.  The Defense Finance and Accounting Service (DFAS) reports the applicant received Hostile Fire/Imminent Danger Pay and Combat Zone Tax Exemption for Kuwait for the period 14 February through 6 April 2003.

5.  The U.S. Army Medical Department, Office of Medical History's website places the 407th Forward Support Battalion in south central Iraq on 31 March 2003.

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  In pertinent part it states block 18 (Remarks) is to be used for HQDA mandatory requirements when a separate block is not available, and as a continuation for entries in blocks 11, 13, and 14.  For an active duty Soldier deployed with their unit an entry of "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" is to be included.
7.  The applicant's records and Army Regulation 600-8-22 (Military Awards) indicate he is eligible for awards that are not listed on his DD Form 214; these include:

	a.  the Global War on Terrorism Service Medal (GWOTSM) 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 GWOTSM, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.  

	b.  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 (including those in Kuwait and Iraq) approved by the Secretary of Defense. 

	c.  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.  Approved campaigns include the Liberation of Iraq (19 March 2003-1 May 2003) and the Transition of Iraq (2 May 2003-28 June 2004).

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his service in Kuwait/Iraq be documented on his DD Form 214 to support his application for VA benefits.

2.  DFAS indicates the applicant received hostile fire/imminent danger pay and combat zone tax exemption for the period 14 February through 6 April 2003.  This information should be included on his DD Form 214 as is required by Army Regulation 635-5.

3.  The applicant is authorized the GWOTSM, GWOTEM and the Iraq Campaign Medal with two bronze service stars.  These awards should also be added to his DD Form 214.

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 in block 18 (Remarks) of his DD Form 214 "SERVICE IN KUWAIT/IRAQ FROM 20030214-20030406"; and 

	b.  adding the Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal and the Iraq Campaign Medal with two bronze service stars to the list of awards shown on 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)                                         AR20100014430



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100014430



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1