IN THE CASE OF:	  

		BOARD DATE:	  8 November 2011

		DOCKET NUMBER:  AR20110009631 


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 foreign service in support of Operation Iraqi Freedom (OIF)
* award of the Bronze Star Medal and Global War on Terrorism Expeditionary Medal

2.  The applicant states he was in country for 7 months and 5 days and when he returned, he did not get some of the medals the others received.

3.  The applicant provides a:

* DD Form 214
* Memorandum authorizing him award of the Global War on Terrorism Expeditionary Medal
* Certificate awarding him the Bronze Star Medal
* Certificate showing completion of the Warrior Leader Course
* Department of Veterans Affairs Eligibility Report

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 18 August 2000 and held military occupational specialty 11B (Infantryman).  He attained the rank/grade of private first class/E-3 and he was assigned to the 2nd Battalion, 7th Infantry, Fort Stewart, GA. 

3.  Permanent Orders (PO) Number 377-89, issued by Headquarters, 2nd Battalion, 3rd Infantry Division, Fort Stewart, GA, on 3 December 2002, awarded him the Army Achievement Medal for meritorious achievement from 26 August to 6 September 2002. 

4.  PO Number 115-100, issued by Headquarters, 3rd Infantry Division, on 
25 April 2003 awarded him the Bronze Star Medal for meritorious service in support of OIF from 20 March to 30 April 2003. 

5.  A memorandum, dated 25 March 2004, issued by Headquarters, 1st Brigade, 3rd Infantry Division, Fort Stewart, GA, authorized him award of the Global War on Terrorism Expeditionary Medal for service in Iraq as part of the 2nd Battalion, 7th Infantry.

6.  He was honorably released from active duty on 17 May 2003.  He completed 3 years of creditable military service.  His DD Form 214 shows in:

* Item 12f (Foreign Service) - "0000  05  22"
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) - the:

* Army Commendation Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Army Lapel Button
* Combat Infantryman Badge
* Parachutist Badge

* Item 18 (Remarks) does not show service in a hazardous fire/imminent danger pay (HF/IDP) area 

7.  An email, dated 21 July 2011, from the Defense Finance and Accounting Service, Indianapolis, IN, shows the applicant received HF/IDP and combat zone tax exemption from 23 January 2003 through 7 July 2003 for service in Kuwait.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states for:

* block 12f enter the total amount of foreign service completed during the period covered by the DD Form 214
* block 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) From YYYYMMDD - YYYYMMDD)"

9.  Review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.

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

	a.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined.  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 Global War on Terrorism Service Medal.

	b.  The Global War on Terrorism Expeditionary Medal 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 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.  The Secretary of Defense, when recommended by the Chairman, Joint Chiefs of Staff, will designate the specific AOE per qualifying operation.  

	c.  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-date to be determined)

11.  Department of the Army General Orders Number (Pending) awarded the 2nd Battalion, 7th Infantry, 3rd Infantry Division, the Presidential Unit Citation for service from 19 March to 1 May 2003.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he completed 7 months and 5 days of foreign service in support of OIF:

	a.  His pay records show he received HFP/IDP for service in Kuwait from 23 January to 7 July 2003, a period of 5 months and 15 days.  This period of service is consistent with the foreign service shown in item 12f of his DD Form 214 which shows he completed 5 months and 22 days of foreign service. 

	b.  There is no evidence in his records and he did not provide sufficient evidence that shows he completed 7 months and 5 days of foreign service in Kuwait/Iraq.  

	c.  Nevertheless, although item 12f should not change, he remains entitled to correction of his DD Form 214 to list this combat service in item 18.  

2.  Permanent orders awarded him the Bronze Star Medal and Army Achievement Medal and awarded his unit the Presidential Unit Citation.  None of these awards are shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show them.

3.  He served in Kuwait/Iraq from 23 January to 7 July 2003.  The official start date for OIF was 18 March 2003: 

	a.  It is reasonable to presume the applicant served in Kuwait from 23 January to 18 March 2003, awaiting the beginning of combat operations in Iraq.  This period of service qualifies him for award of the Global War on Terrorism Expeditionary Medal and correction of his DD Form 214 to show this medal. 

	b.  He would have served in Iraq from at least 19 March to 7 July 2003 in support of OIF.  This period of service qualifies him for award of the Iraq Campaign Medal.  Additionally, he participated in two campaigns (Liberation of Iraq and Transition of Iraq) during this period of service.  Therefore, he is entitled to award of two bronze service stars to be worn with the Iraq Campaign Medal and correction of his DD Form 214 to show these awards.

4.  He served a qualifying period of service for award of the Global War on Terrorism Service Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show it.

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:

* adding to item 13 of his DD Form 214 the:

* Bronze Star Medal
* Army Achievement Medal 
* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Presidential Unit Citation

* adding to item 18 of his DD Form 214 the entry "Service in Kuwait/Iraq 20030123 - 20030707"

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 completion of 7 months and
5 days of foreign service.



      _______ _   __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)                                         AR20110009631



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ABCMR Record of Proceedings (cont)                                         AR20110009631



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