IN THE CASE OF:	  

		BOARD DATE:	  30 June 2011

		DOCKET NUMBER:  AR20100028326 


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 in:

* item 12f (Foreign Service) the proper record of service
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Global War on Terrorism Expeditionary Medal (GWOTEM)

2.  The applicant states he served with Battery A, 2nd Battalion, 5th Field Artillery, in Iraq.

3.  The applicant provides:

* his DD Form 214
* a record of his deployment history, dated 8 September 2004
* Permanent Orders 162-1, issued by Headquarters, 1st Cavalry Division, dated 11 June 2003, showing award of the 3rd U.S. Cavalry Regiment Shoulder Sleeve Insignia for Former Wartime Service
* a Certificate of Achievement
* his JUMPS Leave and Earnings Statements (LESs) from 1 May 2003 through 31 March 2004


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.  On 11 September 2000, the applicant enlisted in the Regular Army.  He completed his initial training and he was awarded military occupational specialty (MOS) 13B (Cannon Crewmember).

3.  The certificate of achievement provided by the applicant indicates he was assigned to the 2nd Battalion, 5th Field Artillery, located at Al Asad Airbase, Iraq, from 12 April 2003 to 11 April 2004.

4.  A deployment history report provided by the applicant indicates he was deployed to named operations for the purposes of national emergency and war from 12 April 2003 to 13 April 2004 for a period of 1 year and 12 days.

5.  The applicant's LESs for the period 1 May 2003 through 31 March 2004 shows he was paid hazardous fire/imminent danger pay (HF/IDP).

6.  On 29 August 2004, the applicant was honorably released from active duty by reason of completion of required active service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 3 years, 11 months, and 
19 days of creditable active service.

7.  The applicant's DD Form 214 shows in:

	a.  Item 12f the entry "0000  00  00," indicating no foreign service;

	b.  Item 13 the:

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

	c.  Item 18 (Remarks) no entry for his deployment to Iraq.

8.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.

	b.  Service members qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for the GWOTEM.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

	c.  The Army Good Conduct Medal (AGCM) 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.

	d.  The Overseas Service Ribbon is awarded for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

	e.  The Army Lapel Button is a gratuitous issue and the eligibility requirements are:

* transitioning with an honorable characterization of service (those being transferred to another component for completion of a military service obligation and those receiving an Honorable Discharge Certificate)
* transitioning under a non-adverse separation provision
* having served a minimum 9 months continuous service - a break in service is 24 hours or more
* having had active Federal service on or after 1 April 1984

9.  Army Regulation 614-30 (Overseas Service), Tables 3-2, rules 6 and 8, provide that Iraq is considered an isolated area where tour lengths have not been established by Department of Defense; therefore, the Army gives equivalent credit for periods of change of station/tour of duty.  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter in item 18 (Remarks) the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his service in Iraq and the GWOTEM.

2.  The available evidence indicates the applicant served in Iraq from 12 April 2003 through 13 April 2004.  Therefore, Items 12f and 18 of his DD Form 214 should be corrected accordingly.

3.  The applicant served during a qualifying period for award of the GWOTEM.  Therefore, he is entitled to correction of his DD Form 214 to show this award.  However, should the applicant desire, he may submit another application to this Board for entitlement to the Iraq Campaign Medal in lieu of the GWOTEM.

4.  The applicant served during a qualifying period of service for award of the AGCM.  There is no available evidence showing that his commander took any action to deny him this medal.  Therefore, he is entitled to the first award of the AGCM for the period 11 September 2000 through 10 September 2003 and correction of his DD Form 214 to show this award.

5.  The applicant served during a qualifying period in Iraq for award of the Overseas Service Ribbon.  Therefore, his DD Form 214 should be corrected to show this award.

6.  The applicant met the qualifications for issuance of the Army Lapel Button.  Therefore, he is entitled to correction of his DD Form 214 to show 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:

	a.  deleting from item 12f of his DD Form 214 the entry "0000  00  00" and replacing it with the entry "0001  00  12";

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
11 September 2000 through 10 September 2003;

	c.  adding in Item 13 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Global War on Terrorism Expeditionary Medal
* Overseas Service Ribbon
* Army Lapel Button

	d.  adding in Item 18 of his DD Form 214 the entry "SERVICE IN IRAQ FROM 200304212 - 200404213."



      ____________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)                                         AR20100028326



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ABCMR Record of Proceedings (cont)                                         AR20100028326



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