IN THE CASE OF:	  

		BOARD DATE:	  14 September 2011

		DOCKET NUMBER:  AR20110004728 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by documenting his overseas service.  

2.  The applicant states he did two tours in Iraq and it does not show on his
DD Form 214.  He claims he served in Iraq from September 2002 to August 2003 and from January 2005 to February 2006.  

3.  The applicant provides a DA Form 638 (Recommendation for Award) and his DD Form 214 and 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 entered active duty in the Regular Army on 23 July 2001, and was trained in and awarded military occupational specialty (MOS) 11B (Infantryman).  His record shows he was promoted to sergeant/E-5 on 1 May 2004, and that this is the highest rank he attained while serving on active duty.  

3.  The applicant’s record contains an Army Commendation Medal (ARCOM) certificate that shows the applicant was awarded the ARCOM for his meritorious service during Operation Iraqi Freedom from 21 January 2005 to 10 January 2006, and that this award was authorized and announced in Headquarters, 
2nd Brigade Combat Team, Baghdad, Iraq, Permanent Orders 311-016, dated 7 November 2005.  

4.  The applicant’s Defense Finance and Accounting Service (DFAS) pay record confirms he received imminent danger pay/hostile fire pay (IDP/HFP) for Kuwait/Iraq from 29 September 2002 to 7 August 2003, and from 20 January 2005 to 4 February 2006.  

5.  On 30 April 2006, the applicant was honorably separated, in the rank of SGT/E-5, after completing 4 years, 9 months, and 8 days of active military service.  Item 12f (Foreign Service) contains the entry “0000  00  00” indicating no overseas service during the period and item 18 (Remarks) contains no entries documenting deployed service.  

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the following awards during his active duty tenure:

* ARCOM
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal

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.  



8.  Chapter 2 of the separations documents regulation 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 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.

9.  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 it is authorized for 30 consecutive or 60 nonconsecutive days of service in Iraq from 19 March 2003 to a date to be determined.  There is no authorized Army award identified as the Operation Iraqi Freedom Campaign Ribbon; however, a campaign or bronze service star is authorized with the ICM for each campaign a member is credited with participating in while serving in Iraq.  The following are authorized Iraq campaigns:

* Liberation of Iraq (19 March - 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 date to be determined)

10.  Paragraph 2-18 of the awards regulation contains guidance on the Global War on Terrorism Expeditionary Medal (GWOTEM).  It states it is authorized for members deployed abroad for service in the GWOT operations on or after 
11 September, 2001 to a date to be determined.  To qualify for the award, the member must complete 30 consecutive or 60 nonconsecutive days of service in an authorized AOE.  Iraq is authorized AOE through 18 March 2003.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his deployed overseas service in Iraq is not documented on his DD Form 214 has been carefully considered and found to have merit.  The evidence of record confirms the applicant twice served in Iraq, first for 10 months and 9 days from 29 September 2002 to 7 August 2003, and again for 1 year and 15 days from 20 January 2005 to 4 February 2006, as evidenced by award documents in his record and DFAS pay records.   



2.  Based on the applicant’s service in Iraq, it would be appropriate to correct item 12f of the DD Form 214 to reflect completion of 1 year, 10 months, and 
24 days of foreign service and to correct item 18 by adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20020929-20030807" and the entry “SERVICE IN IRAQ FROM 20050120-20060204”  

3.  In addition, based on his service in Kuwait/Iraq prior to 19 March 2003, he is eligible for the GWOTEM; and based on his Iraq service and campaign participation on or after 19 March 2003, he is eligible for the ICM with 4 bronze service stars.  

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 his DD Form 214 as follows:

a.  Item 12f – delete the current entry and replace it with the entry
 “0001  10  24”; 

b.  Item 13 – add the Iraq Campaign Medal with 4 bronze service stars and Global War on Terrorism Expeditionary Medal; and 

	c.  Item 18 – add the entries "SERVICE IN KUWAIT/IRAQ FROM 20020929-20030807" and “SERVICE IN IRAQ FROM 20050120-20060204”  



      _______ _   _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)                                         AR20110004728



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ABCMR Record of Proceedings (cont)                                         AR20110004728


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