IN THE CASE OF:	  

		BOARD DATE:	  11 January 2011

		DOCKET NUMBER:  AR20100019759 


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) to show his foreign service in Uzbekistan, Afghanistan, Kuwait, and Iraq.  

2.  The applicant states he served in Uzbekistan and Afghanistan from November 2001 to August 2002 and Kuwait and Iraq from February 2003 to October 2003.  He was assigned to the 18th Quartermaster Company out of Fort Bragg, NC. 

3.  The applicant provides his DD Form 214.

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 for a period of 3 years on 22 February 2001 and held military occupational specialty 52C (Utility Equipment Repairer).  He was assigned to the 18th Quartermaster Battalion, Fort Bragg, NC.  

3.  On 11 July 2003, Headquarters, 507th Corps Support Group (Airborne), Fort Bragg, NC, published Permanent Orders Number 55-014 awarding him the Army Commendation Medal for meritorious achievement during Operations Enduring and Iraqi Freedom from 12 January 2003 to 11 July 2003. 

4.  He was honorably released from active duty on 6 December 2003 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.  The DD Form 214 he was issued shows he completed 2 years, 9 months, and 15 days of creditable active military service.  This form further shows the following entries:

* Item 12f (Foreign Service) shows the entry "0000  00  00"
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Army Service Ribbon, and Expert Marksmanship Qualification Badge w/Rifle Bar
* Item 18 (Remarks) does not list service in a designated hostile fire pay/imminent danger pay (HFP/IDP) area.

5.  His Enlisted Record Brief, dated 5 September 2003 does not show any overseas duty.

6.  An email, dated 10 November 2010 from the Defense Finance and Accounting Service confirmed he received hazardous fire/imminent danger pay (HF/IDP) from 3 December 2001 through 10 May 2002 for service in Uzbekistan and from 13 January 2003 through 22 August 2003 for service in Kuwait. 

7.  A staff member of the Board contacted the applicant on 22 December 2010 at the phone number he listed on his application to confirm his exact dates of foreign service and obtain supporting documentary evidence; however, his number is no longer in service.  Additionally, he was contacted by email but did not respond. 

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  Item 12f is obtained from the Enlisted Record Brief and shows the total amount of foreign service completed during the period covered in by the DD Form 214.  Additionally, for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of County Deployed) from (inclusive dates for example, YYYYMMDD – YYYMMDD)” is entered in item 18.

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

	a.  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, 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 Global War on Terrorism Service Medal.  The Global War on Terrorism Service Medal may be awarded posthumously.  Only one award of the Global War on Terrorism Service Medal may be authorized to any individual; second and subsequent awards will not be awarded. 

	b. The Global War on Terrorism Expeditionary Medal 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 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 approved by the Secretary of Defense.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet other, specified criteria.  Initial award of the Global War on Terrorism Expeditionary Medal was limited to service members deployed abroad in Operations Enduring Freedom (OEF) and Iraqi Freedom (OIF) in various selected/designated specific geographic AOE which included Afghanistan and Uzbekistan.

	c.  The Iraq Campaign Medal is awarded to members who have served in direct support of OIF.  The AOE 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)

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his foreign service. 

2.  With respect to his service in Afghanistan and Uzbekistan, he contends that he served in those countries from November 2001 to August 2002; however, his pay records show he received HF/IDP for service in Uzbekistan from 3 December 2001 through 10 May 2002.  The two dates are inconsistent.  In the absence of additional documentary evidence that confirms his exact dates of and location of service there is insufficient evidence to grant him the requested relief.

3.  Nevertheless, based on receipt of HF/IDP for service in Uzbekistan from 3 December 2001 through 10 May 2002, he is entitled to awards of the Global War on Terrorism Service Medal and Global War on Terrorism Expeditionary Medal and correction of his records to show both awards.

4.  With respect to his service in Kuwait and Iraq, he contends that he served in those countries from February 2003 to October 2003; however, his pay records show he received HF/IDP for service in Kuwait from 13 January 2003 through 22 August 2003 for service in Kuwait.  His pay records are more consistent with the dates shown on his award of the Army Commendation Medal for his service in support of OIF rather than the dates he contends.  Therefore, he is entitled to correction of his DD Form 214 to show completion of 7 months and 10 days of foreign service in Kuwait/Iraq from 13 January 2003 to 22 August 2003.

5.  Based on his service in Kuwait/Iraq, he is also entitled to award of the Iraq Campaign Medal.  Additionally, he participated in the Liberation of Iraq (19 March to 1 May 2003) and the Transition of Iraq (2 May 2003 to 28 June 2004) and is entitled to two bronze service stars with the Iraq Campaign Medal and correction of his records to show this award.

6.  Permanent orders awarded him the Army Commendation Medal for meritorious achievement which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Deleting from item 12f of his DD Form 214 the entry "0000  00  00" and adding the entry "0000  07  10"
* Adding to item 13 of his DD Form 214 the Global war on Terrorism Service Medal, Global War on Terrorism Service Medal, Iraq campaign Medal with two bronze service stars, and the Army Commendation Medal
* Adding to item 18 of his DD Form 214 the entry "Served in a Designated Imminent danger Pay Area/Service in Kuwait/Iraq from 20030113 to 20030822"

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to his foreign service in Afghanistan and Uzbekistan.



      _______ _   _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)                                         AR20100019759



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ABCMR Record of Proceedings (cont)                                         AR20100019759



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