IN THE CASE OF:	  

		BOARD DATE:	  17 February 2011

		DOCKET NUMBER:  AR20100020424 


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 7 February 2004 to show his overseas service in Iraq. He also requests correction to Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) to show the Army Commendation Medal with "V" Device.

2.  He states he served in Iraq and has attached the Army Commendation Medal with "V" Device showing he served in Iraq from 20 March 2003 through 30 April 2003.

3.  He provides:

* Army Commendation Medal with "V" Device certificate
* 2004 and 2005 DD Forms 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 military records show he enlisted in the Regular Army on 8 February 2001, for 3 years.  He completed training and was awarded military occupational specialty 11B, Infantryman.

3.  He provided a certificate showing he was awarded the Army Commendation Medal with "V" Device for heroism in Iraq in support of Operation Iraqi Freedom (OIF) from 20 March 2003 to 30 April 2003 by Orders Number 125-129, dated 5 May 2003.

4.  A staff member of the Defense Finance and Accounting Service, 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 26 October 2002 through 9 August 2003, a period of 9 months and 14 days.

5.  He was honorably released from active duty in pay grade E-4 on 7 February 2004 for completion of required active service.  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 lists the following awards:  Presidential Unit Citation (Army), Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, and Army Lapel Button.

7.  He enlisted in the Georgia Army National Guard (GAARNG) on an unknown date.  He was ordered to active duty and entered active duty on 4 January 2005 in support of OIF.  He was honorably released from active duty on 19 May 2006 and reverted back to the GAARNG.  Item 12f of his DD Form 214 shows he was credited with 11 months and 4 days of foreign service.  Item 18 of his DD Form 214 shows the entry, "Ordered to Active Duty in support of OIF While Serving in Kuwait and Iraq from 20050517 through 20060420."

8.  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.

	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)."

9.  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.  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)

10.  Army Regulation 600-8-22 also states that the Global War on Terrorism Service Medal, established by Executive Order 13289, 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of records shows the applicant was deployed to Kuwait/Iraq in support of OIF from 26 October 2002 through 9 August 2003, a period of 9 months and 14 days.  Therefore, item 12f of his DD Form 214 for the period ending 7 February 2004 should be corrected to show he served 9 months and 14 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 20021026 - 20030809."

2.  The evidence of records also confirms he was awarded the Army Commendation Medal with "V" Device for heroism during his service in support of OIF on 5 May 2003.  Therefore, this DD Form 214 should also be corrected to show this award.

3.  The evidence of records further 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, this DD Form 214 should be corrected to show these two awards.

4.  In view of the foregoing, his records should be corrected as recommended below.

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 for the period ending 7 February 2004 the entry "0000  00  00" and replacing it with the entry "0000  09  14";

	b.  adding to Item 13 of this DD Form 214 the Army Commendation Medal with "V" Device, Iraq Campaign Medal with two bronze service stars, and Global War on Terrorism Service Medal; 

   c.  adding to Item 18 of this DD Form 214 the entry "Service in Kuwait/Iraq from 20021026 - 20030809; and
	d.  providing him a separation document showing these changes.



      _______ _   _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)                                         AR20100020424





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ABCMR Record of Proceedings (cont)                                         AR20100020424



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