IN THE CASE OF:	  

		BOARD DATE:	  21 April 2011

		DOCKET NUMBER:  AR20100023285 


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 service in Iraq 
* award of the Iraq Campaign Medal
* 7 months of foreign service
* award of the Army Good Conduct Medal

2.  The applicant states the omission was due to poor recordkeeping.

3.  The applicant provides:

* his DD Form 214
* his award of the Army Commendation Medal
* a memorandum showing he qualified for the Global War on Terrorism Expeditionary Medal which identifies his period of deployment
* his NATO travel order

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 29 May 2002 for a period of 4 years and he held military occupational specialty 13B (Cannon Crewmember).  He was assigned to the 1st Battalion, 377th Field Artillery Regiment, Fort Bragg, NC.

3.  On 27 September 2004, he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for willfully damaging a military police vehicle by kicking it.  There is an indication on the Article 15 of a continuation sheet; however, it is not available for review.

4.  On 31 March 2005, he was convicted by a general court-martial of negligent homicide of a child under the age of 2 by leaving her unattended in a bathtub with water where she drowned.  The court sentenced him to confinement for
3 months.

5.  He was ultimately honorably discharged from the Army on 30 September 2005 under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), paragraph 5-7, by reason of a condition - not a disability.  He completed 3 years, 1 month, and 19 days of creditable active service with 75 days of time lost.  This form also shows in:

* Item 12f (Foreign Service) the entry "0000  00  00" indicating no foreign service
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Army Service Ribbon, and the Global War on Terrorism Service Medal
* Item 18 (Remarks) no entry indicating he served in a hostile fire/imminent danger pay (HF/IDP) area

6.  An email, dated 11 April 2011, from the Defense Finance and Accounting Service, Indianapolis, IN, shows the applicant received HF/IDP and combat zone tax exclusion (CZTE) from 5 April 2003 through 9 November 2003 for service in Kuwait/Iraq.

7.  Headquarters, Division Artillery, Fort Campbell, KY, Permanent Order Number 200-268, dated 19 July 2002, awarded him the Army Commendation Medal for service in support of Operation Iraqi Freedom (OIF) from 4 April 2003 to an unspecified date.

8.  The applicant submitted a memorandum issued by his battalion commander, dated 12 April 2004, showing the applicant qualified for the Global War on Terrorism Expeditionary Medal for service in support of OIF during the period
4 April to 15 August 2003.

9.  He also submitted a copy of NATO travel orders authorizing his unit travel from Fort Bragg, to the U.S. Army Central Command Area of Responsibility and return.  The dates of departure and return are listed as on or about 16 March 2003 to on or about 16 September 2003.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states for:

* Item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* 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 "YYYYMMDD - YYYYMMDD)"

11.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  The AOE (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.  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-TBD)

12.  Army Regulation 600-8-22 states that service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

13.  Army Regulation 600-8-22 states that for the Army Good Conduct Medal, while any record of NJP could be in conflict with recognizing the Soldier’s service as exemplary, such record should not be viewed as automatically disqualifying.  The commander analyzes the record, giving consideration to the nature of the infraction, the circumstances under which it occurred, and when.  Conviction by courts-martial terminates a period of qualifying service; a new period begins the following day after completion of the sentence imposed by the court-martial.  Disqualification for an award of the Army Good Conduct Medal can occur at anytime during a qualifying period.

DISCUSSION AND CONCLUSIONS:

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

2.  The applicant's pay records show he received HF/IDP and CZTE for service in Kuwait/Iraq from 5 April 2003 through 9 November 2003.  Therefore, he is entitled to correction of his DD Form 214 to show he completed 7 months and
5 days of foreign service in Kuwait/Iraq.

3.  Furthermore, this period of service qualifies him for 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 2003-28 June 2004) campaigns that entitles him to two bronze service stars for wear on the Iraq Campaign Medal.

4.  He submitted a command memorandum showing he qualified for the Global War on Terrorism Expeditionary Medal, which also specified his period of deployment.  By regulation members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and
28 February 2005, in an area for which the Iraq Campaign Medal was 

subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  However, no service member will be entitled to both medals for the same act, achievement, or period of service.  In this respect, the applicant specifically requested award of the Iraq Campaign Medal.  It is believed that the applicant submitted the abovementioned memorandum showing he qualified for the Global War on Terrorism Expeditionary Medal only for the purpose of verifying his deployment dates.  Therefore, no action is warranted concerning his eligibility for the Global War on Terrorism Expeditionary Medal.

5.  With respect to the Army Good Conduct Medal, the evidence of record shows the applicant enlisted on 29 May 2002 and he was convicted by a court-martial on 31 March 2005.  His conviction by the court-martial on 31 March 2005 terminated his period of qualifying service and a new period began on 13 June 2005, the date following the completion of his release from confinement.  He was ultimately discharged some 3 months later on 30 September 2005.  Therefore, he did not serve a qualifying period of service for award of the Army Good Conduct Medal.

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 12f of his DD Form 214 the entry "0000  00  00" and replacing it with the entry "0000  07  05";

	b.  adding to item 13 of his DD Form 214 the Army Commendation Medal and the Iraq Campaign Medal with two bronze service stars; and

	c.  adding to item 18 of his DD Form 214 the entry "Service in Iraq From 20030405 - 20031109."

2.  The Board further determined that 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 award of the Army Good Conduct Medal.



      ____________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)                                         AR20100023285



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ABCMR Record of Proceedings (cont)                                         AR20100023285



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