IN THE CASE OF:	  

		BOARD DATE:	    3 March 2011

		DOCKET NUMBER:  AR20100020905 


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 Item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Kuwait/Iraq from "20031115 - 20041115" vice "20031115 - 20041010."

2.  The applicant states he has deployment orders for a period of 365 days which is how long he was deployed.

3.  The applicant provides his DD Form 214 and deployment orders. 

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 on 19 June 2002 and he held military occupational specialty 11C (Indirect Fire Infantryman).   He served in Kuwait/Iraq from November 2003 to November 2004 while assigned to 5th Battalion, 20th Infantry Regiment, 3rd Brigade, 2nd Infantry Division.

3.  On 18 June 2005, he was released from active duty in the rank/grade of sergeant (SGT)/E-5 and transferred to the U.S. Army Reserve to complete his remaining Reserve obligation.  He completed a total of 3 years of creditable active service with no lost time.  His record is void of any record of disciplinary actions or a commander's disqualification for the award of the Army Good Conduct Medal.

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Commendation Medal with "V" Device, Army Commendation Medal, Army Achievement Medal, National Defense Service Medal, Iraq Campaign Medal, Global War on Terrorism Service Medal, Army Service Ribbon, overseas service bar (2nd Award), Combat Infantryman Badge, and the Parachutist Badge.

5.  Item 18 (Remarks) of his DD Form 214 contains the entry "SERVED IN SUPPORT OF OPERATION ENDURING/IRAQI FREEDOM FROM 20031115 - 20041015//PLACE OF DUTY KUWAIT & IRAQ."  Item 12f (Foreign Service) shows no foreign service.

6.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) was asked to verify the applicant's service during this period.  By email, dated 19 January 2011, a DFAS representative verified the applicant received hostile fire/imminent danger pay for service in Kuwait/Iraq from 15 November 2003 to 2 November 2004.

7.  Department of the Army General Orders (Pending) awarded 5th Battalion, 20th Infantry Regiment, 3rd Brigade, 2nd Infantry Division, the Meritorious Unit Commendation for the period 15 November 2003 - 31 October 2004.

8.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

9.  Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  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.  During his service in Iraq he participated in the following two campaigns:

* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)

10.  Army Regulation 614-30 (Overseas Service), Table 3-2, rules 6 and 8, states  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by Department of Defense; therefore, the Army gives equivalent credit for periods of change of station/tour of duty.  The proponent     of Army Regulation has determined that Soldiers who serve a minimum of         11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he served in Kuwait/Iraq from 15 November 2003 to 2 November 2004.  Therefore, he is entitled to correction of his DD Form 214 to show the correct dates of his service in Kuwait/Iraq in item 18 and his foreign service of 11 months and 18 days should be shown in item 12f.  

2.  General orders awarded his unit the Meritorious Unit Commendation while he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

3.  He served honorably from 19 June 2002 through 18 June 2005.  He served in Iraq, received an Army Commendation Medal with "V" Device for valorous actions during combat, and attained the rank/grade of SGT/E-5.  His record is void of any derogatory information that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his records to show this award.

4.  He participated in two campaigns during his service in Iraq.  Therefore, he is entitled to the award of two bronze service stars to be worn with his already awarded Iraq Campaign Medal and correction of his records to reflect this.

5.  He served in Iraq for over 9 continuous months which qualifies him for award of the Overseas Service Ribbon which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show this service ribbon.

6.  With respect to his request to show his service in Kuwait/Iraq from 15 November 2003 to 15 November 2004, although his deployment orders were for a period of 365 days, the evidence of record confirms he served in Kuwait/Iraq from 15 November 2003 to 2 November 2004.  Therefore, he is not entitled to the full requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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:

	a.  deleting from Item 13 of his DD Form 214 the Iraq Campaign Medal;

	b.  deleting from Item 18 of his DD Form 214 the entry "SOLDIER SERVED IN SUPPORT OF OPERATION ENDURING/IRAQI FREEDOM FROM 20031115-20041015";

	c.  awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 19 June 2002 through 18 June 2005;

	d.  adding to Item 13 of his DD Form 214 the Army Good Conduct Medal (1st Award), Iraq Campaign Medal with two bronze service stars, Meritorious Unit Commendation, and the Overseas Service Ribbon; 

	e.  adding to Item 18 of his DD Form 214 the entry "SOLDIER SERVED IN SUPPORT OF OPERATION ENDURING/IRAQI FREEDOM FROM 20031115 - 20041102"; and
	f.  adding to Item 12f of his DD Form 214 the entry "0000 11 18."

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 correcting his DD Form 214 to show his service in Kuwait/Iraq from 15 November 2003 to 15 November 2004.



      __________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)                                         AR20100020905



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ABCMR Record of Proceedings (cont)                                         AR20100020905



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