IN THE CASE OF:	  

		BOARD DATE:	  15 February 2011

		DOCKET NUMBER:  AR20100016572 


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 award of the Iraq Campaign Medal.  He also requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the Primary Leadership Development Course (PLDC).

2.  The applicant states he meets the qualifications for award of the Iraq Campaign Medal and he completed the PLDC course.

3.  The applicant provides copies of his DD Form 214, 2003 deployment orders, orders amending his duty assignment in Kuwait and Iraq, and a DA Form 1059 (Service School Academic Evaluation Report).

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 8 July 1998.  He completed the training requirements and he was awarded military occupational specialty 74B (Information Systems Operator/Analyst).

3.  On 19 September 2001, the applicant successfully completed the 4-week PLDC course offered at the United States Army Noncommissioned Officer Academy, Schofield Barracks. 

4.  556th Personnel Services Battalion Orders C044-23, dated 13 February 2003, show the applicant was to deploy to the United States Armed Forces Central Command, Camp Doha, Kuwait in support of Operation Enduring Freedom with a proceed date of 22 February 2003.

5.  On 19 June 2003, United States Armed Forces Central Command, Kuwait, Orders 170-06 amended the above order to show the applicant was to proceed to Iraq not later than 21 June 2003.

6.  On 21 June 2003, the applicant was assigned to Baghdad, Iraq in support of Operation Iraqi Freedom (OIF).

7.  The applicant returned to his home station, Schofield Barracks, Hawaii, on 5 September 2003.

8.  The applicant was honorably released from active duty on 27 May 2004.  His DD Form 214 lists his awards as the Army Lapel Button, Joint Service Commendation Medal, Army Achievement Medal (2nd award), Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, and the Expert Marksmanship Qualification Badge with Rifle Bar.  

9.  The applicant's DD Form 214 also shows he served in Kuwait from 
22 February to 20 June 2003 and in Iraq from 21 June to 5 September 2003.

10.  A review of the applicant's pay records by the Defense Finance and Accounting Service (DFAS) show he received hazardous duty/imminent danger pay (HZP/IDP) from 10 March through 26 September 2003. 

11.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of 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 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)

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It states that all formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 are to be included on the DD Form 214 at item 14 (Military Education).  Include title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he completed PLDC and it was omitted from his DD Form 214.  He also states he meets the qualifications for award of the Iraq Campaign Medal.

2.  PLDC is a leadership training course and not solely a combat skills course; therefore, it would be appropriate to add this course to his DD Form 214.

3.  The applicant's DD Form 214 shows he served in Kuwait from 22 February 2003 to 20 June 2003 and in Iraq from 21 June 2003 to 5 September 2003.  

4.  Based on the applicant service in Iraq he is eligible for the Iraq Campaign Medal and one bronze service star.  Therefore, his record should be corrected to show he was awarded the Iraq Campaign Medal with one bronze service star. 

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 the Iraq Campaign Medal with one bronze service star to item 13 of the DD Form 214; and 

	b.  adding "Primary Leadership Development Course, 4 weeks, 2001" to item 14 of the 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)                                         AR20100016572



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ABCMR Record of Proceedings (cont)                                         AR20100016572



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