BOARD DATE:	  21 June 2011

		DOCKET NUMBER:  AR20100029933 


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) for the ending period 11 July 2005 to show he served in Iraq during Operation Iraqi Freedom (OIF).  In addition, he requests correction of his DD Form 214 to show award of the Global War on Terrorism Expeditionary Medal (GWOTEM).

2.  He states his deployment to Iraq and award of the GWOTEM are not listed on his DD Form 214.

3.  He provides his DD Form 214 and one page of a DA Form 638 (Recommendation for Award).

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 18 July 2001.  He successfully completed basic combat and advanced individual training and was awarded military occupational specialty 21B (Combat Engineer).

3.  One page of an undated DA Form 638 shows he was recommended for award of the Army Commendation Medal by his platoon leader for meritorious service during OIF as a sapper in Company B, 37th Engineer Battalion, 101st Airborne Division, for the period 19 March 2003 through 4 July 2003.  There is no evidence in his available records to show the Army Commendation Medal was approved by proper authority.

4.  On 17 July 2004, he was released from active duty in the rank and pay grade of specialist four (SP4/E-4) after completing 3 years of creditable active service.

5.  His DD Form 214, item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), shows he was awarded or authorized the:

* National Defense Service Medal
* Army Service Ribbon
* Global War on Terrorism Service Medal
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar

6.  Item 12f (Foreign Service) of his DD Form 214 shows the entry “0000" Year(s), "00" Month(s), and "00" Day(s).  Item 18 (Remarks) does not show service in Iraq.

7.  On 13 April 2011, the Defense Finance and Accounting Service (DFAS) confirmed he served in a combat zone and received hostile fire pay for the period 3 April 2003 through 23 January 2004.

8.  There is no evidence the applicant received the Army Good Conduct Medal (1st Award).  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal (1st Award).  His records do not contain any adverse information.

9.  Army Regulation 635-5 (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 for item 12f to enter the total amount of foreign service completed during the period covered by the DD Form 214.

10.  Army Regulation 635-5 states for item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, to enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

11.  Army Regulation 600-8-22 (Military Awards) states the GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility 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.

12.  Army Regulation 600-8-22 states the Overseas Service Ribbon (OSR) was established by the Secretary of the Army on 10 April 1981.  The regulation states that effective 1 August 1981, all members of the Active Army, Army National Guard, and U.S. Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.

13.  U.S. Army Human Resources Command Military Awards Branch issued a frequently asked questions guide of examples to show the status of Soldiers deployed to Southwest Asia for eligibility for the OSR and other awards.  This guide states, "Question:  Can I be awarded the OSR for being in Iraq?  Answer: 
Soldiers are authorized to be awarded the OSR upon completion of a "normal overseas tour as in accordance with Army Regulation 614-30 (Overseas Service)."  If a Soldier is credited with tour completion in Iraq, yes they [sic] can receive the OSR.  Army Regulation 614-30, in pertinent part, states that Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/temporary duty status get credit for a completed short tour."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 does not show service in Iraq.  However, DFAS confirmed he served in Iraq during the period 3 April 2003 through 23 January 2004 and the DA Form 638 he provided shows he was recommended for award of the Army Commendation Medal for his service during OIF.

2.  The evidence provided by DFAS and the DA Form 638 he provided are accepted as sufficient evidence to show he served in Iraq from 3 April 2003 through 23 January 2004.  Therefore, his DD Form 214 should be amended to show "0000" Year(s), "09" Month(s), and "21" Day(s) and "SERVICE IN IRAQ FROM 20030403-20040123" in item 18.

3.  He was separated in the rank of SP4 with 3 years of creditable active service with no time lost.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 18 July 2001 through 17 July 2004 based on completion of a period of qualifying service.

4.  Based on DFAS confirmation that he deployed and received hostile fire pay for the period 1 April 2003 through 1 November 2003, he is eligible for award of the GWOTEM for being deployed in support of OIF.  He also met the eligibility criteria for award of the OSR.  Therefore, his DD Form 214 should be amended to add these awards.

BOARD VOTE:

____x____  ____x__  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented Is 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.  adding the entry "0000" Year(s), "09" Month(s), and "21" Day(s) to item 12f of his DD Form 214;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 18 July 2001 through 17 July 2004;

	c.  adding the following to item 13 of his DD Form 214

* Army Good Conduct Medal (1st Award)
* GWOTEM
* OSR

	d.  adding "SERVICE IN IRAQ FROM 20030403-20040123" to item 18 of 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)                                         AR20100029933



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ABCMR Record of Proceedings (cont)                                         AR20100029933



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