IN THE CASE OF:
BOARD DATE: 20 January 2011
DOCKET NUMBER: AR20100019129
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 reflect his foreign service in Iraq and his awards of the Combat Action Badge (CAB) and the Iraq Campaign Medal (ICM).
2. The applicant states he served in Iraq from 4 September 2003 to 31 March 2004 and he should have been awarded the ICM. Additionally, he was awarded the CAB and his DD Form 214 should reflect his foreign service in Iraq.
3. The applicant provides a copy of orders awarding him the CAB.
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 31 August 2000 for a period of 4 years, training as a signal support systems specialist, airborne training, a cash enlistment bonus, the Army College Fund, and assignment to the 82nd Airborne Division. He completed all training and was assigned to the 4th Air Defense Regiment at Fort Bragg, North Carolina.
3. He deployed to Kuwait/Iraq with his unit from 4 September 2003 to 27 March 2004 (6 months and 24 days) during two campaigns and returned to Fort Bragg where he was honorably released from active duty on 30 August 2004 due to the completion of his required service.
4. His DD Form 214 shows he was awarded the National Defense Service Medal, the Global War on Terrorism Service Medal, the Army Service Ribbon, and the Parachutist Badge. His DD Form 214 does not reflect any foreign service or his duty in Kuwait/Iraq.
5. A review of his records shows he was awarded the Army Good Conduct Medal in Permanent Orders Number 204-3 issued by the 4th Air Defense Artillery Regiment on 23 July 2003. This award is not reflected on his DD Form 214.
6. Headquarters, 82d Airborne Division Permanent Order 324-282, dated 20 November 2005, awarded him the CAB.
7. Army Regulation 600-8-22 (Military Awards) states the ICM is awarded to members who served in direct support of Operation Iraqi Freedom. The ICM 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. A bronze service star is authorized for wear with this medal for participation in each credited campaign.
8. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that an entry will be made in the remarks section of the DD Form 214 to reflect the country in which a Soldier deployed and the period of deployment.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Kuwait/Iraq from 4 September 2003 to 27 March 2004 for a period of 6 months and 24 days of foreign service. Accordingly, he is entitled to have that information entered on his DD Form 214 in the appropriate blocks.
2. He was awarded the Army Good Conduct Medal and the CAB and thus is entitled to have those awards entered on his DD Form 214 as well.
3. Additionally, he served during two campaigns and is entitled to the ICM with two bronze service stars and to have it 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:
1. 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:
* showing in block 12f (Foreign Service) of his DD Form 214 that he served 6 months and 24 days of foreign service
* adding the Army Good Conduct Medal, the ICM with two bronze service stars, and the CAB to item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214
* adding the statement "SERVICE IN KUWAIT/IRAQ FROM 20030904-20040327" to item 18 (Remarks) of his DD Form 214
2. The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20100019129
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ABCMR Record of Proceedings (cont) AR20100019129
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