IN THE CASE OF:	  

		BOARD DATE:	  11 August 2011

		DOCKET NUMBER:  AR20110000734 


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 foreign service in Kuwait/Iraq and any expeditionary medals, service medals, and any other awards and decorations to which he is entitled.

2.  He states he earned these things, but they were omitted from his record.

3.  He provides his DD Form 214. 

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 6 March 2002.  He was trained in and awarded military occupational specialty 13D (Automated Tactical Data Systems Specialist).  He was honorably released from active duty (REFRAD) on 5 June 2005 and he was transferred to U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 3 years and 3 months creditable active service.  At the time of his REFRAD he held the rank/grade of specialist (SPC)/E-4.

3.  His DD Form 214 issued at the time of his REFRAD shows in:

	a.  item 12f (Foreign Service) the entry "0000  00  00" indicating no foreign service during the period covered by the DD Form 214;

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the:

* Presidential Unit Citation (Army-Air Force)
* National Defense Service Medal
* Global War on Terrorism Service Medal (GWOTSM)
* Army Service Ribbon
* Army Lapel Button

	c.  Item 18 (Remarks) no deployment entries.

4.  The Defense Finance and Accounting Service (DFAS) confirmed that the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for deployment to:

* Kuwait from 24 August 2002 through 28 November 2002 for a period of 3 months and 5 days
* Kuwait/Iraq from 11 January 2003 through 16 July 2003 for a period of 6 months and 6 days

5.  His record is void of official orders awarding him the Army Good Conduct Medal.  Additionally, his record is void of a disqualification memorandum or any other derogatory information such as a court-martial, nonjudicial punishment, time lost, or suspension of favorable personnel actions (flag) which would have precluded him from receiving the first award of the Army Good Conduct Medal.

6.  Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Expeditionary Medal (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 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, including Kuwait/Iraq.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet other, specified criteria.

7.  Army Regulation 600-8-22 states the Iraq Campaign Medal (ICM) 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 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.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet other, specified criteria.  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)

8.  Army Regulation 600-8-22 provides that under no condition will personnel or units receive the ICM, GWOTEM, Global War on Terrorism Service Medal, Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service.

9.  Army Regulation 600-8-22 provides the Army Good Conduct Medal 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.

10.  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.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.

	b.  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier’s records.  Do not use abbreviations.

	c.  item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter statement “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD).”

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 214 should be corrected to show his foreign service in Kuwait/Iraq and any awards and decorations to which he is entitled were carefully considered and determined to have merit.

2.  DFAS confirmed the applicant received HF/IDP and CZTE associated with deployments to Kuwait during the periods 24 August 2002 through 28 November 2002 and Kuwait/Iraq from 11 January 2003 through 16 July 2003, which equates to 9 months and 11 days of total foreign service.  Therefore, his
DD Form 214 should be corrected to show his total period of foreign service.

3.  The applicant served a qualifying period of service during his first deployment to Kuwait for entitlement to the GWOTEM.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant served in Kuwait/Iraq during a subsequent deployment for entitlement to the ICM.  He also participated in two campaigns.  Therefore, he is 

entitled to the ICM with two bronze service stars and correction of his DD Form 214 to show this award.

5.  Based on his deployments, he is entitled to correction of his DD Form 214 to specifically show the location and inclusive dates of his deployments.

6.  The available evidence confirms he served honorably on active duty during the period 6 March 2002 through 5 June 2005.  His record contains no derogatory information or evidence that shows he was denied the award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) for the period 6 March 2002 through 5 March 2005 and to correct 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.  awarding him the Army Good Conduct Medal (1st Award) for the period 6 March 2002 through 5 March 2005;

	b.  deleting from item 12f of his DD Form 214 the entry "0000  00  00" and replacing it with the entry "0000  09  11";

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

* Army Good Conduct Medal (1st Award)
* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Expeditionary Medal

	d.  adding to item 18 of his DD Form 214 the entries:

* "SERVICE IN KUWAIT FROM 20020824 - 20021128"
* "SERVICE IN KUWAIT/IRAQ FROM 20030111 - 20030716"



      __________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)                                         AR20110000734



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ABCMR Record of Proceedings (cont)                                         AR20110000734



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