IN THE CASE OF:	  

		BOARD DATE:	  23 June 2011

		DOCKET NUMBER:  AR20100024783 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service tour in Iraq and all his authorized decorations, awards and service ribbons. 

2.  The applicant states he served in Iraq from January 2006 to February 2007 and it is not recorded on his DD Form 214.  He states he received the Army Commendation Medal, but was not awarded the Army Good Conduct Medal and would like his record corrected to show this specific award.

3.  The applicant provides a copy of his DD Form 214 with a separation date of 29 May 2007.

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 July 1992.  He completed his initial entry training and was awarded military occupational specialty (MOS) 77F (Petroleum Supply Specialist). 

3.  On 22 December 1994, he was honorably released from active duty and transferred to a unit in the Reserve component to complete his military service obligation.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period shows these awards:

* Army Lapel Button
* Army Achievement Medal
* National Defense Service Medal 
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar

4.  After a break in service, he enlisted in the Regular Army on 7 August 2003.  He completed MOS training and was awarded MOS 92F (Petroleum Supply Specialist). 

5.  The applicant was awarded the Army Commendation Medal by Permanent Order 352-222 issued on 18 December 2006 for meritorious service in Iraq from 15 January 2006 to 18 February 2007.

6.  He was awarded a second Army Commendation Medal on 29 January 2007 by Permanent Order 029-030 for meritorious service while assigned to Headquarters and Headquarters Company, 2nd Battalion, 37th Armor Regiment as a petroleum supply specialist and heavy wheeled vehicle operator.  The period of this award was from 17 February 2004 to 29 May 2007.

7.  On 29 May 2007, he was honorably discharged from active duty upon the completion of his required active Federal service.  Item 12f (Record of Service [Foreign Service]) shows he had completed 3 years, 3 months and 13 days of total foreign service.  No foreign service geographic location is identified on this DD Form 214.

8.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows these awards:

* Army Achievement Medal (4th Award)
* National Defense Service Medal (2nd Award)
* Global War on Terrorism Service Medal 
* Army Service Ribbon
* Overseas Service Ribbon

9.  Item 18 (Remarks) contains no entries to show the location of his deployment.  

10.  The Defense Finance and Accounting Service (DFAS) established the fact that he received hostile fire pay/imminent danger pay (HFP/IDP) for Kuwait from 14 January 2006 to 16 February 2007.

11.  His records maintained on the interactive Personnel Electronic Records Management System (iPERMS) contain a DA Form 2166-8 (NCO Evaluation Report [NCOER]) for the period ending 1 December 2006 that states, "DISPLAYS A STRONG ABILITY TO LEAD AND DIRECT DURING LOGISITCAL RESUPPLY MISSIONS IN THE TAL AFAR AND RAMADI REGIONS OF IRAQ."  In addition, it states, "ASSIGNED AT . . . COB GRAINARY IN TEL AFAR IRAQ . . . DURING OPERATION IRAQI FREEDOM IV."

12.  His military personnel records do not show any time lost, or record of nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) or any records of conviction by court-martial.  There is also no record of a commander's disqualification for award of the Army Good Conduct Medal. 

13.  References:

	a.  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.

	b.  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 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-date to be determined)

	c.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Paragraph 2-4 requires the preparer to enter all awards and decorations for all periods of service from the Enlisted Record Brief and verified by the Soldier's record.  In addition, it 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.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded him the Army Commendation Medal (2nd Award).  Therefore, he is entitled to a correction of his record to show this award on his DD Form 214 with a separation date of 29 May 2007. 

2.  The applicant's DD Form 214 for his first term of active Federal service does not show he was awarded the Army Good Conduct Medal.  There is no record of disqualification or record of court-martial and he was awarded personal decorations during this period.  Therefore, based on the absence of evidence showing disqualification and completion of a qualifying period of service from 29 July 1992 to 22 December 1994, he is entitled to award of the Army Good Conduct Medal and correction of his record to show this first award.

3.  He completed a second period of qualifying service for award of the Army Good Conduct Medal from 7 August 2003 to 6 August 2006.  His record contains no evidence of disqualification and no record of court-martial.  Therefore, he is entitled to a second award of the Army Good Conduct Medal for this period of service and correction to his record to show this second award.

4.  The Defense Finance and Accounting Services and an NCOER confirmed he served a foreign service tour in Kuwait/Iraq from 14 January 2006 to 16 February 2007.  Therefore, he is entitled to a correction of his record to show this foreign service tour.
5.  Based on his service in Iraq, he is entitled to award of the Iraq Campaign Medal.  As he served in Iraq during one named campaign, the National Resolution (16 December 2005-9 January 2007), he is entitled to one bronze service star to be affixed to his awarded Iraq Campaign Medal. 

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.  awarding him the Army Good Conduct Medal (1st Award) for the period from 29 July 1992 to 22 December 1994;

	b.  awarding him the Army Good Conduct Medal (2nd Award) for the period from 7 August 2003 to 6 August 2006;

	c.  correcting his DD Form 214 with a separation date of 29 May 2007 to show these awards:

* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (2nd Award)
* Iraq Campaign Medal with one bronze service star

	


	d.  add to item 18, this entry, "SERVICE IN KUWAIT/IRAQ FROM 20060114 - 20070216."  




      _______ _  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)                                         AR20100024783





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ABCMR Record of Proceedings (cont)                                         AR20100024783



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