IN THE CASE OF:	  

		BOARD DATE:	  17 May 2011

		DOCKET NUMBER:  AR20100027321 


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 for Operation Iraqi Freedom (OIF)/Operation Enduring Freedom (OEF) from 5 May through 5 December 2003 and to show all of the awards he is authorized in conjunction with this service to include an Army Commendation Medal.

2.  The applicant states the above information was omitted from his DD Form 214 when it was prepared at the Transition Center in Wiesbaden, Germany. 

3.  The applicant provides 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's records show he enlisted in the Regular Army on 5 March 2001 and he held military occupational specialty 52C (Utilities Equipment Repairer).  He was assigned to Company C, 123rd Main Support Battalion, 1st Armored Division, Wiesbaden, Germany.

3.  Records show the 123rd Main Support Battalion deployed to Iraq in support of OIF/OEF in the spring of 2003 and returned to Germany from the deployment in the fall of 2004.

4.  Headquarters, 1st Armored Division Support Command Permanent Orders Number 295-2, undated, awarded him the Army Commendation Medal for exceptionally meritorious service from 21 September 2001 through 4 March 2004.

5.  He was honorably released from active duty on 4 March 2004 in the rank/grade of private first class/E-3 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.  He completed a total of 3 years of creditable active service.

6.  Item 12f (Foreign Service) of his DD Form 214 shows the entry, “0002  05  10.”  Item 18 (Remarks) is void of any entry indicating he served in a hostile fire pay/imminent danger pay (HFP/IDP) area during his period of service. 

7.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Army Service Ribbon, and the Overseas Service Ribbon.

8.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) was asked to verify the applicant's service during this period.  By email, dated 11 March 2011, a DFAS representative verified that the applicant received HFP/IDP from 6 May through 25 November 2003.

9.  Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded for service in direct support of OIF. The area of eligibility encompasses all land area of the country of Iraq, and 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.  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 states the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have 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.  All Soldiers on active duty served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant received HFP/IDP from 6 May through 25 November 2003 which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show his service in Kuwait/Iraq and the dates of this service.  This period of service qualifies him for award of the Iraq Campaign Medal.  He participated in two campaigns (the Liberation of Iraq and Transition of Iraq) during his service in Iraq.  Therefore, he is entitled to award of the Iraq Campaign Medal with two bronze service stars and correction of his DD Form 214 to show these awards.  

2.  Permanent orders awarded him 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.

3.  The available evidence shows he served a qualifying period of service for award of the Global War on Terrorism Service Medal.  Therefore, he is entitled to this award and correction of his DD Form 214 to show the award.

4.  With respect to his request to have his DD Form 214 corrected to show his service in Iraq for OIF/OEF from 5 May through 5 December 2003, the evidence of record shows he received HFP/IDP for service in Kuwait/Iraq from 6 May through 25 November 2003.  Therefore, he is not entitled to full relief.







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.  adding to Item 13 of his DD Form 214 the Army Commendation Medal, Iraq Campaign Medal with two bronze service stars, and the Global War on Terrorism Service Medal; and

	b.  adding to Item 18 of his DD Form 214 the entry "Service in Kuwait/Iraq from 2003 05  06 - 2003 11 25."

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 correcting his DD Form 214 to show he served in Iraq during OIF/OEF in excess of the dates shown above. 



      _______ _   _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)                                         AR20100027321



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ABCMR Record of Proceedings (cont)                                         AR20100027321



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