IN THE CASE OF:	  

		BOARD DATE:	  28 April 2011

		DOCKET NUMBER:  AR20100025865 


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 overseas service and all awards he is entitled.

2.  He states this information is missing from his DD Form 214 due to an administrative error.  Due to his hardship honorable discharge he never noticed the errors.

3.  He provides:

* Operation Enduring Freedom (OIF) orders
* NATO (North Atlantic Treaty Organization) Travel Order
* Red Cross Message
* Individual/Unit Identification Section
* Memorandum For Record (MFR)
* Memorandum to the Commander, 593rd Corps Support Group
* DA Form 31 (Request and Authorization for Leave
* Air Transportation Authorization
* Form 1180A (Household Goods Descriptive Inventory)
* Letter from Congressman Roscoe G. Bartlett
* July and September 2003 Leave and Earnings Statements
* Letter to Senator Paul S. Sarbanes
* DD Form 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 4 October 2001.  He completed training and was awarded military occupational specialty 45B (Small Arms/Artillery Repairer).

3.  Orders 062-02 were issued by Headquarters, 13th Corps Support Command, Fort Hood, TX, on 3 March 2003, reassigning him to Kuwait in support of OIF with an effective date of 20 March 2003 for a period of 179 unless directed otherwise.

4.  A Red Cross Message, dated 13 February 2004, notified him of his father's serious illness.  An MFR, dated 24 February 204, shows he was authorized to be released from the OIF Theater no later than 24 February 2004.  A DA Form 31, dated 24 February 2004, shows he was granted emergency leave from 28 February to 3 March 2004.

5.  He was honorably discharged from active duty in pay grade E-4 on 15 August 2004, under the provision of Army Regulation (Enlisted Separations), paragraph 6-3A, for Hardship.  He was credited with completing 2 years, 10 months, and 22 days active service and zero foreign service credit.  Item 18 (Remarks) of his DD Form 214 does not show he served in Kuwait in support of OIF.

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards:

* Army Lapel Button
* Global War on Terrorism Service Medal
* National Defense Service Medal
* Army Service Ribbon

7.  The Defense Finance and Accounting Service verified he received hostile fire/imminent danger pay and combat zone tax exclusion for service in Kuwait from 18 April 2003 through 3 March 2004, a period 10 months and 15 days.

8.  Army Regulation 635-5 (Separation Documents) specifies that a DD Form 214 would be prepared for individuals who were retired, discharged, or released from active duty.  Item 18 will list the country and dates of deployment.

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 areas 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.  During his service in Iraq, the applicant participated in the following two campaigns:

* Liberation of Iraq (19 March 2003 - 1 May 2003)
* Transition of Iraq (2 May 2003 - 28 June 2004)

10.  A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 2314.

11.  His service record is void of any derogatory information (nonjudicial punishment, record of a court-martial, lost time, etc) which would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Additionally, there is no commander's disqualification memorandum pertaining to this award in his service records. 

12.  Army Regulation 600-8-22 also 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.  

13.  Army Regulation 600-8-22 also states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  Numerals will be used to denote second and subsequent awards of the Overseas Service Ribbon.
14.  A Frequently Asked Questions Document from the U. S. Army Human Resources Command, Military Awards Branch, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed to Iraq or Afghanistan.  The document states "Question:  How long do I have to serve in Iraq or Afghanistan to be awarded the Overseas Service Ribbon?  Answer: Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  Provided is a clarification statement the proponent to Army Regulation 614-30 has provided our office:  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq or Afghanistan in a temporary change of station/tour of duty status get credit for a complete short tour.  Your reference is Army Regulation 614-30, Tables 3-2, rules 5 and 7.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by DOD; therefore, the Army gives equivalent credit for periods of change of station/tour of duty."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Kuwait/Iraq from 18 April 2003 through 3 March 2004, a period 10 months and 15 days.  Therefore, item 12f (Foreign Service) of his DD Form 214 should show a credit of 10 months and 15 days of foreign service.  Item 18 of his DD Form 214 should also be corrected to show the entry "Service in support of OIF in Kuwait from 
18 April 2003 through 3 March 2004."

2.  The evidence further shows he served in support of OIF during a qualifying period for award of the Iraq Campaign Medal with two bronze service stars.  He is therefore entitled to the awards above, and to have these awards added to his DD Form 214.

3.  The evidence of record shows, while in the Army, he attained the pay grade of E-4, served overseas, and he had no derogatory information in his records.  There is no evidence that his chain of command denied him the Army Good Conduct Medal.  Therefore, he appears to be eligible for the Army Good Conduct Medal (First Award) for the period 4 October 2001 through 25 August 2004 and addition of the medal to his DD Form 214.

4.  The evidence of record shows he met criteria for award of the Overseas Service Ribbon.  Therefore, he is entitled to this award and its addition to his 
DD Form 214.  

5.  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 the applicant's DD Form 214 for the period ending 25 August 2004 the entry "00  00  00" and replacing it with the entry 
"0000  10  15";

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 4 October 2001 through 25 August 2004;

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

   c.  amending Item 18 of his DD Form 214 to show the entry "Service in Kuwait/Iraq 20030418 - 20040303."



      _______ _   _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)                                         AR20100025865



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ABCMR Record of Proceedings (cont)                                         AR20100025865


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