IN THE CASE OF:	  

		BOARD DATE:	  21 July 2011

		DOCKET NUMBER:  AR20110000318 


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 deployed service.

2.  The applicant states he was not afforded the opportunity for a correction or receipt of his DD Form 214 until the last day of his transfer to the personnel center.  He states accurate data should be reflected on his DD Form 214.

3.  The applicant provides:

* a Memorandum for Record (MFR) from his commander, subject: Deployment Verification, dated 19 December 2003
* Orders M-12-505316, issued by the U.S. Army Human Resources Command, St. Louis, MO, dated 19 December 2005

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 5 January 2000.  He was trained in and awarded military occupational specialty (MOS) 35J (Computer/
Automation System Repairer).

3.  The applicant’s Official Military Personnel File (OMPF) is void of any orders or documents related to a deployment during the period of active duty service he completed during his RA enlistment between 5 January 2000 and 4 January 2004.

4.  Permanent Orders 212-024, issued by the 16th Signal Battalion, Fort Hood, TX, dated 30 July 2003, awarded him the Driver and Mechanic Badge with Driver-W Bar for the period 1 June 2002 through 1 June 2003.

5.  On 4 January 2004, the applicant was honorably released from active duty, in the rank/grade of specialist (SPC)/E-4, after completing 4 years of active military service.  The DD Form 214 he was issued shows in:

* item 12f (Foreign Service) the entry "0000  00  00" indicating no foreign service completed during this period of service
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

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

* item 18 (Remarks) no entry indicating deployed service

6.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait/Iraq during the period 8 April through
6 October 2003.  This equates to 5 months and 29 days of foreign service.

7.  The applicant provides an MFR prepared by his commander that verifies he applicant was deployed in support of Operation Iraqi Freedom (OIF) from 6 April 2003 through 7 December 2003.

8.  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.  It states for:

* item 12f, enter all overseas service completed during the period covered by the DD Form 214
* item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 
* item 18, for an active duty Soldier deployed with his or her unit during the period covered by the DD Form 214, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)"

9.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of 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 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 - 31 August 2010)
* New Dawn (1 September 2010 - to a date to be determined)

10.  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 (AOE) between 9 September 2001 through a date to be determined by the Secretary of Defense.


DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his deployed service should be documented on his DD form 214 has been carefully considered and found to have partial merit.  The evidence of record confirms the applicant received HF/IDP and CZTE for Kuwait/Iraq from 8 April through 6 October 2003.  Although the dates contained in the commander's MFR provided by the applicant differ from the dates provided by DFAS from his Master Military Pay Account, the MFR serves to corroborate the fact that the applicant was deployed in support of OIF.  Therefore, it would be appropriate to correct his DD Form 214 to document his deployed foreign service in Kuwait/Iraq as verified by his DFAS record.

2.  Evidence shows the applicant served during a qualifying period of service in Kuwait/Iraq for the Iraq Campaign Medal.  He also participated in two campaign phases during his service in Kuwait/Iraq.  Therefore, he is entitled to the Iraq Campaign Medal with two bronze service stars and correction of his DD Form 214 to show this award.

3.  The applicant also served during a qualifying period of service for the GWOTSM.  Therefore, his DD Form 214 should be corrected to show this award.

4.  Permanent orders awarded him the Driver and Mechanic Badge with Driver-W Bar.  Therefore, his DD Form 214 should be corrected to show this award.

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.  deleting from item 12f of his DD Form 214 the entry "0000  00  00" and replacing it with the entry "0000  05  29";


	b.  adding to item 13 of his DD Form 214 the:

* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Service Medal
* Driver and Mechanic Badge with Driver-W Bar

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT/IRAQ FROM 20030408 - 20031006.”

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 adding any additional periods of deployed service to 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)                                         AR20110000318



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110000318



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1