IN THE CASE OF:	  

		BOARD DATE:	    23 August 2011

		DOCKET NUMBER:  AR20110002318 


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 overseas service in Afghanistan and Kuwait/Iraq.

2.  The applicant states the dates of his two deployments are not shown on his DD Form 214.  He contends that he served in Afghanistan from spring to winter 2002 and in Kuwait/Iraq from summer 2003 to summer 2004.

3.  The applicant provides a copy of 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.  On 25 January 2001, the applicant enlisted in the Regular Army.  He completed his initial training and he was awarded military occupational specialty (MOS) 91W1P (health care specialist).  He was subsequently assigned for duty with Headquarters and Headquarters Company, 3rd Battalion, 505th Parachute Infantry Regiment.

3.  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 service in:

	a.  Afghanistan from 29 July through 15 December 2002 [4 months and
17 days], and

	b.  Kuwait from 15 August 2003 through 23 March 2004 [7 months and
9 days].

4.  As a related issue, Permanent Orders Number 050-62, issued by the
3rd Battalion, 505th Parachute Infantry Regiment, 82nd Airborne Division, Fort Bragg, NC, awarded the applicant the Army Achievement Medal for meritorious achievement while assigned as a member of Task Force Panther in support of Operation Enduring Freedom from 1 to 18 December 2002.

5.  On 24 January 2005, the applicant was honorably released from active duty after completing his required active service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He had attained the rank/grade of specialist (SPC)/E-4 and he completed 4 years of honorable active service.

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

	a.  Item 12f (Foreign Service) the entry "0000  00  00," indicating he had no foreign service during his period of service;

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

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


	c.  Item 18 (Remarks) no entries for his deployments to Afghanistan or Kuwait/Iraq.

7.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded the applicant from receiving the first award of the Army Good Conduct Medal.

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

	a.  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.

	b.  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 (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.  It further states 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.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic areas of eligibility (AOE), including Kuwait.

	c.  Army Regulation 600-8-22 (Military Awards) states the Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated Afghanistan campaigns are:

* Liberation of Afghanistan (11 September 2001 - 30 November 2001)


* Consolidation I (1 December 2001 - 30 September 2006)
* Consolidation II (1 October 2006 - date to be determined

	d.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal 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.  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 - date to be determined)

	e.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.

	f.  According to the Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour.

9.  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 for:

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


	b.  Item 18, for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter 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 overseas service in Afghanistan and Kuwait/Iraq.

2.  DFAS records show the applicant was deployed to Afghanistan from 29 July through 15 December 2002.  Therefore, his DD Form 214 should be corrected to show this overseas service and the Afghanistan Campaign Medal with one bronze service star.

3.  DFAS records further show that the applicant was deployed to Kuwait from
15 August 2003 through 23 March 2004.  Unfortunately, his service personnel record does not provide a specific record of his service in Kuwait and Iraq.  Therefore, his DD Form 214 should be corrected to show entitlement to the Global War on Terrorism Expeditionary Medal based only on his service in Kuwait.

4.  Should the applicant have, or be able to obtain, documentary evidence that clearly and convincingly shows the length of his service in Kuwait and Iraq, then he may submit another application for consideration of the Iraq Campaign Medal.

5.  The available evidence clearly shows that the applicant served overseas for a total period of 11 months and 26 days.  Therefore, this foreign service should be shown on his DD Form 214.

6.  The evidence of record clearly shows that the applicant completed more than 11 months of overseas service in a qualifying area for entitlement to the Overseas Service Ribbon.  Therefore, his DD Form 214 should be corrected to show this award.

7.  Furthermore, Item 18 of his DD Form 214 should be corrected to show the entries:

	a.  "SERVICE IN AFGHANISTAN FROM 20020729 - 20021215" and

	b.  "SERVICE IN KUWAIT FROM 20030815 – 20040323."

8.  The evidence of record shows that the applicant was awarded the Army Achievement Medal for meritorious achievement in support of Operation Enduring Freedom.  Therefore, his DD Form 214 should be corrected to show this award.

9.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank/grade of SPC/E-4, and receiving a personal award for meritorious achievement.  Furthermore, there is no evidence of record showing he was ever disciplined or had any misconduct.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an administrative oversight.  Accordingly, he should be awarded the first award of the Army Good Conduct Medal and his DD Form 214 should be corrected 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 "0000  11  26";

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
25 January 2001 through 24 January 2004;

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

* Army Achievement Medal
* Army Good Conduct Medal
* Afghanistan Campaign Medal with one bronze service star
* Global War on Terrorism Expeditionary Medal
* Overseas Service Ribbon
	d.  adding to Item 18 of his DD Form 214 the entries:

* "SERVICE IN AFGHANISTAN FROM 20020729 - 20021215"
* "SERVICE IN KUWAIT FROM 20030815 - 20040323"



      _______ _  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)                                         AR20110002318



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ABCMR Record of Proceedings (cont)                                         AR20110002318



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