BOARD DATE:	  14 July 2011

		DOCKET NUMBER:  AR20110000153 


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 his record and DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to document his combat service and all awards he is eligible for as a result of this service.  

2.  The applicant states he was deployed to Iraq in March 2003 and returned the United States in September 2003 prior to his unit returning.  He states he is trying to have this deployment documented on his DD Form 214 along with all awards he is eligible for as a result of the deployment.  

3.  The applicant refers to his service records and provides no documentary evidence in support of his application.  

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 record shows he enlisted in the Regular Army on 17 October 2000, and was trained in and awarded military occupational specialty (MOS) 92Y (Unit Supply Specialist).  

3.  The record is void of any orders or documents related to deployment or awards related to Iraq service.  

4.  On 20 January 2004, the applicant was honorably released from active duty, in the rank of specialist/E-4, after completing 3 years, 3 months and 4 days of active military service.  The DD Form 214 he was issued contains the entry “0000  00  00” in item 12f (Foreign Service), indicating no overseas service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) lists no awards related to Iraq service and item 18 (Remarks)  documents no deployments.  Item 13 does show he earned the following awards during his active duty tenure:

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

5.  The applicant subsequently served in the Army National Guard from 31 July 2008 through 19 May 2010, at which time he received a general, under honorable conditions discharge as a result of an administrative separation for misconduct.  

6.  During the processing of this case, a review of the applicant's Defense Finance and Accounting Service (DFAS) record shows he received hostile fire pay/imminent danger pay (HFP/IDP) from 31 March 2003 through 9 September 2003.  

7.  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 of contains item-by-item instructions for preparation of the DD Form 214.  The instructions for Item 12f are to add all overseas service completed during the period covered by the DD Form 214, and the instructions for item 13 are to add all earned military awards.  The instructions for item 18 state, in pertinent part, that for an active duty Soldier deployed with his or her unit during the period covered by the DD Form 214, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be added to Item 18.


8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-17 contains guidance on the Iraq Campaign Medal (ICM).  It states, in pertinent part, that it is authorized for service in Iraq on or after 
19 March 2003, to a date to be determined by the Secretary of Defense.  It also states that a bronze service star is authorized with the ICM for each campaign a member is credited with participating in while serving in Iraq.  During the applicant's tenure of assignment in Iraq, participation credit was granted for the following two campaigns:

* Liberation of Iraq – March 19 to May 1, 2003 
* Transition of Iraq – May 2, 2003 to June 28, 2004. 

9.  Paragraph 2-19 of the awards regulation contains guidance on the Global War on Terrorism Service Medal (GWOTSM).  It states it is authorized to members who served on active duty for 30 consecutive or 60 non-consecutive days outside of the designated areas of eligibility between 9 September 2001 through a date to be determined by the Secretary of Defense.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his record and DD Form 214 be corrected to document his Iraq service and to add all awards due as a result has been carefully considered and found to have merit. 

2,  The evidence of record confirms the applicant served in Iraq from 31 March 2003 through 9 September 2003, as evidenced by the DFAS pay record.  As a result, item 12f and 18 of his DD Form 214 should be corrected accordingly.   

3.  Further, based on his service and campaign participation in Iraq, the applicant is eligible for the ICM with 2 bronze service stars, and based on his qualifying active duty service after 11 September 2001, he is also eligible for the GWOTSM.  

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 the following items of his DD Form 214 as indicated:

	a.  Item 12f – delete the current entry and replace it with the entry
“0000  05  08”;

	b.  Item 13 – add the Iraq Campaign Medal with 2 bronze service stars and Global War on Terrorism Service Medal; and

	c.  Item 18 – add the entry "SERVICE IN IRAQ FROM 20030331-20030909.”



      _________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)                                         AR20110000153



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ABCMR Record of Proceedings (cont)                                         AR20110000153



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