IN THE CASE OF:	  

		BOARD DATE:	  24 May 2011

		DOCKET NUMBER:  AR20100027081 


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 the Iraq Campaign Medal (ICM) with two bronze service stars, his foreign service, and all combat patches he is entitled to.

2.  The applicant states:

	a.  he deployed to Iraq with 1st Battalion, 44th Air Defense Artillery during Operation Enduring Freedom (OEF); and

	b.  he served in Iraq from April through September 2003 and participated in the Liberation of Iraq and Transition of Iraq campaigns.

3.  The applicant provides:

* a deployment order
* three memoranda
* a Defense Finance and Accounting Service (DFAS) Form 702 (DFAS Military Leave and Earnings Statement)
* a self-authored undated letter
* an Individual Redeployment Air Travel Request
* a Memorandum for Record
* his 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 enlisted in the Regular Army on 13 August 2001.

3.  Orders 029-14, issued by Headquarters, 4th Infantry Division (Mechanized), Fort Hood, TX, dated 29 January 2003, directed the applicant's unit, 1st Battalion, 44th Air Defense Artillery, to deploy to the Central Command (CENTCOM) Area of Responsibility (AOR) in support of OEF for a period of
179 days up to 364 days.

4.  The Chief of Staff, Headquarters, 4th Infantry Division (Mechanized) FOB [Forward Operating Base] Ironhorse, Tikrit, Iraq, issued a memorandum, subject: Turn in of OCIE [organizational clothing and individual equipment] for TF [Task Force] Ironhorse Individual Redeploying Soldiers, dated 19 August 2003.  It shows the applicant turned in his OCIE in Iraq prior to redeploying to CONUS [continental United States].

5.  There are no orders or any other documents in the applicant's official military personnel file to show his entitlement to the ICM or any other combat badges or awards.

6.  On 20 December 2003, the applicant was honorably released from active duty at the completion of required active service.  He completed 2 years, 4 months, and 8 days of creditable active service.  He was transferred to the U.S. Army (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  His DD Form 214 shows in:

	a.  item 12f (Foreign Service) the entry "0000  00  00," indicating no foreign service;

	b.  item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the:

* Army Lapel Button
* National Defense Service Medal
* Army Service Ribbon

	c. item 18 (Remarks) no entry for deployed service.

7.  DFAS confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait/Iraq from 29 March through 2 September 2003.

8.  Review of the Recently Approved Unit Awards listings maintained by the Military Awards Branch of the U.S. Army Human Resources Command (USAHRC) shows 1st Battalion, 44th Air Defense Artillery was recently awarded the Valorous Unit Award for the period 26 March 2003 through 6 November 2003.  Although Department of the Army General Orders have not yet been published, unit awards listed in the USAHRC site are authorized to be added to the Soldier's uniform/records.

9.  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 area of eligibility (AOE) 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)

10.  Army Regulation 600-8-22, paragraph 2-19, contains guidance on award of the Global War on Terrorism Service Medal (GWOTSM).  It states it is authorized 

to members who participated in the Global War on Terror outside of a designated AOE for the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive or 60 nonconsecutive days are authorized the GWOTSM.

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains item-by-item instructions for preparing the DD Form 214.  The instructions state for:

* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 18, for active duty Soldiers deployed with his or her unit, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  Official group orders, the applicant's DFAS pay record, and the Chief of Staff memorandum confirms the applicant served in Kuwait/Iraq in support of OEF from 29 March through 2 September 2003, for a period of 5 months and 5 days.  Therefore, his DD Form 214 should be corrected to show in:

	a.  item 12f the entry "0000 05 05";

	b.  item 13 the addition of the ICM with 2 bronze service stars and the VUA; and

	c.  item 18 the entry "SERVICE IN KUWAIT/IRAQ FROM 20030329 -20030902."

2.  Further, based on the applicant's qualifying active service outside of an authorized AOE after 11 September 2001, he is eligible for the GWOTSM and correction of his DD Form 214 to show this award.

3.  Unit combat patches are items of uniform wear, not awards.  The governing regulation for preparation of the DD Form 214 does not provide for showing unit combat patches.  As a result, there is no basis upon which to grant this portion of 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 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  05  05";

	b.  adding to item 13 of his DD Form 214 the:

* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Service Medal
* Valorous Unit Award

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT/
IRAQ FROM 200300329 - 20030902."

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 adding unit combat patches to 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)                                         AR20100027081



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ABCMR Record of Proceedings (cont)                                         AR20100027081



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