IN THE CASE OF:	  

		BOARD DATE:	    7 June 2011

		DOCKET NUMBER:  AR20100027438 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Iraq.

2.  He states it was indicated on his DD Form 214 that a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) would be issued to reflect missing information; however, his DD Form 215 does not show his deployment to Iraq.  

3.  He provided:

* a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* two DD Forms 214
* copies of various orders 

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.  His records indicate he enlisted in the Virginia Army National Guard (VAARNG) on 26 September 2002.  

3.  His DD Form 214 for the period ending 29 August 2003 shows he completed the required training for award of military occupational specialty 12B (Combat Engineer).

4.  He provided a copy of Headquarters, 1st Personnel Command, Orders 004-019, issued on 4 January 2005.  These orders show he was being reassigned to Medical Hold, Walter Reed Army Medical Center for further medical care subsequent to his deployment in support of Operation Iraqi Freedom (OIF).

5.  He also provided VAARNG Orders 339-312, dated 5 December 2006, which show he was honorably discharged from active duty on 17 August 2006.  These orders also discharged him from the VAARNG effective the same date. 

6.  His DD Form 214 for the period ending 17 August 2006 shows he was honorably discharged, under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), by reason of Physical Disability.  This form also shows the following entries:

   a.  Item 12f (Foreign Service) 0000 Year(s), 00 Month(s), and 00 Day(s);

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized):  Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon (ASR), and Overseas Service Ribbon; and

	c.  Item 18 (Remarks) does not show his service in Iraq.

7.  His NGB Form 22 shows he was honorably discharged from the VAARNG on 28 September 2006, after completing 4 years and 1 day of net service.  Item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded) shows he was awarded the ASR, Army Reserve Components Achievement Medal, and Army Commendation Medal (ARCOM). 

8.  His records contain a DA Form 638 (Recommendation for Award), dated 
31 August 2004.  This document shows he was awarded the ARCOM by Headquarters, 1st Brigade, 25th Infantry Division, Permanent Order Number 300-007, issued on 3 November 2004.
9.  A query of his Master Military Pay Account (MMPA) maintained by the Defense Finance and Accounting Service (DFAS) revealed he received pay and tax exclusion entitlements associated with deployment to the hostile fire area of Kuwait/Iraq during the period 3 March 2004 through 30 March 2005 for a total of 1 year and 28 days.

10.  A review of his records indicates he may be entitled to additional awards that are not shown on his DD Form 214. 

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 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 (ICM) 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)

12.  Army Regulation 600-8-22 also states the Global War on Terrorism Service Medal (GWOTSM) 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 (AOE) on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.

13.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Paragraph 2-4 states that for a Reserve Soldier ordered to active duty and deployed to a foreign country enter the following three statements in item 18 of the DD Form 214:  

   a. “ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)”; 
   
   b. "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD -YYYYMMDD)"; and 
   
   c. “SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POSTSERVICE BENEFITS AND ENTITLEMENTS.”

DISCUSSION AND CONCLUSIONS:

1.  A query of his MMPA maintained by DFAS revealed he received pay and tax exclusion entitlements associated with deployment to the hostile fire area of Kuwait/Iraq during the period 3 March 2004 through 30 March 2005.  

2.  In view of the foregoing, items 12f and 18 should be amended to show:

* 12f – 0001 Year(s) 00 Month(s) 28 Day(s)
* 18 – his service in Kuwait/Iraq from 20040303-20050330

3.  Based on his qualifying period of active duty service, he is entitled to award of the GWOTSM and to have this award added to his DD Form 214.

4.  The evidence of record shows he served in Iraq during the Transition of Iraq and Iraqi Governance Campaigns.  He is entitled to award of the ICM with two bronze service stars and to have his award added to his DD Form 214.

5.  Permanent orders awarded him the ARCOM which is not shown on his 
DD Form 214.  He is entitled to correction of his record to add this award. 

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 amending his DD Form 214 dated 17 August 2006 as follows:

	a.  Item 13 - adding the following awards:
      
* ARCOM
* ICM with two bronze service stars
* GWOTSM
      
	b.  Item 18 – adding the following entries:

* ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION IRAQI FREEDOM PER 10 USC SECTION 12302
* SERVICE IN IRAQ/KUWAIT FROM 20040303-20050330
* SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POSTSERVICE BENEFITS AND ENTITLEMENTS

	c.  Item 12f - amending to read: 

* 0001 00 28



      _______ _   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)                                         AR20100027438





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ABCMR Record of Proceedings (cont)                                         AR20100027438



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