IN THE CASE OF:	  

		BOARD DATE:	  1 November 2011

		DOCKET NUMBER:  AR20110010382 


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 the Horn of Africa.

2.  The applicant states he has not received credit on his DD Form 214 for his foreign service in the Horn of Africa from 19 March 2006 through 15 November 2006.  He further states he only received credit for the 11 months of foreign service he performed in Iraq.

3.  The applicant provides:

* DD Form 214
* Orders Number 041-03
* Statement of Wartime Service
* Memorandum Requesting Legal Name Change

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 U.S. Army Reserve (USAR) on 15 June 2005 and was ordered to initial active duty for training on 19 July 2005.  He completed training and was awarded military occupational specialty 09L (Translator Aide).  

3.  The applicant was honorably released from active duty and transferred to the USAR Control Group (Reinforcement) on 24 July 2008 to complete his Reserve obligation.  He had completed 3 years and 6 days of creditable active service with no lost time.  His records contain no evidence of any derogatory information.  The DD Form 214 he was issued for this period shows the following entries:

   a.  item 12f (Foreign Service) the entry "0000  11  08";

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

* Iraq Campaign Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal 
* Army Service Ribbon
* Overseas Service Ribbon
* Armed Forces Reserve Medal with “M” device
   
   c.  item 18 (Remarks) shows service in a hostile fire/imminent danger pay (HF/IDP) area while in Iraq from 29 July 2007 through 6 July 2008.
   
4.  An email, dated 26 July 2011, from the Defense Finance and Accounting Service (DFAS) confirms the applicant received HF/IDP and Combat Zone Tax Exclusion for service in Djibouti from 13 April 2006 through 9 November 2006.

5.  The applicant provides a memorandum signed by the commander, Echo Company, 96th Civil Affairs Battalion (Airborne), Fort Bragg, dated 29 September 2006 which states the applicant served in support of Operation Enduring Freedom in the Horn of Africa from 19 March 2006 through 15 November 2006.

6.  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, 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 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 (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered.

7.  Army Regulation 600-8-22 (Military Awards) provides 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 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.

8.  Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).   A bronze service star is authorized for wear with this medal for participation in each credited campaign.  This regulation shows during the applicant's tour of duty in Iraq he completed a qualifying period of service during the Iraqi Surge  (10 January 2007-31 December 2008) campaign.

9.  By message dated 8 February 2005, the Military Awards Branch, U.S. Army Human Resources Command, provided clarification on award of the Army Good Conduct Medal.  It stated Reserve Component (RC) Soldiers mobilized onto active duty under Title 10 are performing "active Federal military service" and are therefore eligible to be awarded the Army Good Conduct Medal.  The qualifying periods of service must be continuous enlisted active Federal service.  The period of service for the Army Good Conduct Medal begins and the Army Reserve Components Achievement Medal (ARCAM) ends the first day the mobilized RC Soldier is serving on active duty.  The period of service for the Army Good Conduct Medal ends the last day the mobilized RC Soldier is on active duty.  The period of service for the ARCAM begins the day after the RC Soldier is off active duty.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record is ambiguous with regard to the applicant's actual dates of service in the Horn of Africa.

2.  DFAS records indicate the applicant received IDP/HFP from 13 April 2006 through 9 November 2006 for service in Djibouti.  However, these records only indicate the amount of time he received HFP/IDP, not the amount of time he was actually in the theater of operations. 

3.  The DFAS information combined with the applicant's statement of wartime service is accepted as sufficient evidence with which to amend item 12f of his  DD Form 214 to show completion of 1 year, 7 months, and 6 days of foreign service and to correct item 18 to show he served a tour of duty in the Horn of Africa (Djibouti) from 19 March 2006 to 15 November 2006.

4.  The evidence shows the applicant served a qualifying period of service in an area of eligibility while in the Horn of Africa for award of the Global War on Terrorism Expeditionary Medal.  Therefore, the applicant is entitled to correction of his record to show this service medal.

5.  The evidence shows the applicant served a qualifying period of service in Iraq and he participated in one campaign.  Therefore, the applicant is entitled to correction of his records to show one bronze service star to be affixed to his previously awarded Iraq Campaign Medal.

6.  The evidence of record confirms the applicant served honorably on active duty during the period 19 July 2005 through 24 July 2008.  His record is void of any evidence that shows he had lost time or that he received nonjudicial punishment or court-martial action.  There is no evidence of a suspension of favorable personnel actions or that his commander denied him award of the Army Good Conduct Medal.  Lacking any derogatory information on file which would have disqualified him, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) for the period 19 July 2005 through 18 July 2008 and to correct his records 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 19 July 2005 through 18 July 2008;
   
   b.  deleting from item 12f of his DD Form 214 the entry "0000  11  08" and replacing it with the entry "0001  07  06";

	c.  deleting the Iraq Campaign Medal from item 13;

   d.  adding to item 13 of his DD Form 214 the Army Good Conduct Medal    (1st Award), Global War on Terrorism Expeditionary Medal, and Iraq Campaign Medal with one bronze service star; and

	e.  adding to item 18 of his DD Form 214 the entry:  "SERVICE IN THE HORN OF AFRICA FROM 20060319 – 20061115."



      
      _______ _   _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)                                         AR20110010382



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ABCMR Record of Proceedings (cont)                                         AR20110010382



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