BOARD DATE:	27 September 2011

		DOCKET NUMBER:  AR20110006197 


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 service in Iraq and any additional awards and medals.

2.  The applicant states he served in Iraq from May to September 2003, but it is not noted on his DD Form 214.  He requests that the Iraq service be noted on his DD Form 214 as well as all of his authorized awards and medals.  He needs his service properly documented for future benefits.

3.  The applicant provides copies of his DD Form 214 and a memorandum for record from his unit in Iraq.

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 November 2001.  He completed training and was awarded military occupational specialty 35M (Radar Repairer).

3.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows no entries in item 9 (Awards, Decorations, and Campaigns).

4.  On 9 October 2003, he was discharged under honorable conditions as a specialist/E-4.  He completed 1 year, 11 months, and 4 days of creditable active service.  His DD Form 214 shows in:

	a.  item 12f (Foreign Service), the entry "0000  07  04" indicating 7 months and 4 days of foreign service during this period;

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), the National Defense Service Medal and Army Service Ribbon; and

	c.  item 18 (Remarks), no entry reflecting deployed service.

5.  The Defense Finance and Accounting Service (DFAS) verified that the applicant's Master Military Pay Account shows he received hostile fire/imminent danger pay for service in Kuwait from 8 May 2003 through 21 September 2003, a period of 4 months and 14 days.

6.  The applicant provides a copy of a Headquarters, 1st Battalion, 4th Air Defense Artillery, Baghdad, Iraq, memorandum for record stating he served in Headquarters Battery, 1st Battalion, 4th Air Defense Artillery, during Operation Iraqi Freedom from 8 May 2003 to 21 September 2003.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  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.

	b.  Appendix B shows that during his service in Iraq, participation credit was awarded for the following campaign:

* Transition of Iraq (2 May 2003-28 June 2004)
	c.  The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It states that for item 18, for an active duty Soldier deployed with his or her unit, enter "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his service in Iraq and any additional awards and medals.

2.  The available evidence shows he served a qualifying period of service for award of the Iraq Campaign Medal with one bronze service star and the Global War on Terrorism Service Medal.  His DD Form 214 should be corrected to show these awards.

3.  Although the DFAS verification only indicates he was deployed to Kuwait, the evidence shows he was in Iraq from 8 May 2003 through 21 September 2003 [4 months and 14 days].  This period of foreign service should be appropriately shown on his DD Form 214.

BOARD VOTE:

___X_____  ____X____  ___X_  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  adding the Iraq Campaign Medal with one bronze service star and Global War on Terrorism Service Medal to item 13 of his DD Form 214 and

	b.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20030503-20030921" to item 18 of 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)                                         AR20100014430



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