BOARD DATE: 24 February 2011
DOCKET NUMBER: AR20100020978
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, in effect, correction of item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployment in Iraq.
2. The applicant states:
* he deployed with Company A, 704th Division Support Battalion (DSB), from Fort Hood, Texas
* he departed on 3 March and returned on 3 September
3. The applicant provides no additional evidence in support of his application.
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 22 May 1997 and trained as a petroleum supply specialist. On 20 December 2003, he was honorably discharged for completion of required active service.
3. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Lapel Button, Army Achievement Medal, Army Good Conduct Medal (3rd Award), National Defense Service Medal, Noncommissioned Officer (NCO) Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, and Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards. Item 18 of his DD Form 214 does not show any deployments.
4. His DA Form 2166-8 (NCO Evaluation Report) covering the period September 2002 through August 2003 shows he was assigned to Company A, 704th DSB, in Tikrit, Iraq.
5. Records at the Defense Finance and Accounting Service (DFAS) show he received hostile fire/imminent danger pay during the period 1 April 2003 to 2 September 2003 in Kuwait.
6. Army Regulation 635-5 (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. The regulation states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.
7. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal (ICM) is awarded to members who served in direct support of Operation Iraqi Freedom (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 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 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)
8. Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who 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.
DISCUSSION AND CONCLUSIONS:
1. The DFAS information and the applicant's NCO Evaluation Report are accepted as sufficient evidence on which to amend item 18 of his DD Form 214 to show he served in Kuwait/Iraq. Therefore, item 18 of his DD Form 214 should be corrected to show he served in Kuwait/Iraq from 1 April 2003 to 2 September 2003.
2. As a related issue and based on the applicant's service in Iraq, he is eligible for the ICM with two bronze service stars. His DD Form 214 should be corrected to show the ICM with two bronze service stars.
3. He served a period of qualifying service for award of the GWOTSM. His DD Form 214 should be corrected to show this medal.
BOARD VOTE:
___x_____ ___x_____ ____x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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:
a. adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20030401-20030902" to item 18 of his DD Form 214 and
b. adding the ICM with two bronze service stars and GWOTSM to item 13 of his 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) AR20100020978
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ABCMR Record of Proceedings (cont) AR20100020978
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