IN THE CASE OF:	  

		BOARD DATE:	    15 December 2011

		DOCKET NUMBER:  AR20110010966 


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 Kuwait/Iraq.

2.  He states that there is no indication of his Iraq tour in his record.  He needs the information for post 9-11 benefits.

3.  He provides 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.  The applicant enlisted in the Regular Army on 27 November 1995.  He was trained in and awarded military occupational specialty 63E (M1 Tank Systems 

Mechanic).  He was honorably discharged on 13 June 2005 at the completion of required active service.  He completed 9 years, 6 months, and 17 days of creditable active service.  At the time of his discharge he held the rank/grade of sergeant (SGT)/E-5.

3.  The applicant's record contains a DA Form 4980-18 (Army Achievement Medal Certificate), dated 30 July 2001, that shows he was awarded the Army Achievement Medal by Permanent Order Number 211-1, issued by Headquarters, 3rd Battalion, 8th Cavalry Regiment, 1st Cavalry Division for meritorious achievement during the period 16 April to 18 August 2001 in support of Operation Desert Spring, Intrinsic Action 01-02.

4.  His Enlisted Record Brief (ERB) shows he was stationed in the Republic of Korea from 25 June 2002 through 22 September 2003, a period of 1 year, 2 months, and 29 days.  His DA Forms 2166-8 (Noncommissioned Officer Evaluation Report (NCOER)) rendered for this period show his unit was located less than 10 kilometers from the Demilitarized Zone.

5.  His DA Form 2166-8 rendered for the period October 2003 through July 2004 shows he deployed to Baghdad, Iraq in support of Operation Iraqi Freedom II for an unspecified period of time.

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

	a.  item 12f (Foreign Service) the entry "0002  02  16" indicating he completed 2 years, 2 months, and 16 days of foreign service during the period covered by the DD Form 214;

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

* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal (2nd Award)
* Global War on Terrorism Service Medal (GWOTSM)
* Army Service Ribbon
* Army Lapel Button

	c.  Item 18 (Remarks) no deployment entries.

7.  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 deployment to:
* 
Kuwait/Iraq from 20 April 2000 through 18 August 2000 for a period of 4 months (during Operation Intrinsic Action)
* Kuwait/Iraq from 17 April 2001 through 10 August 2001 for a period of 3 months and 25 days (during Operation Desert Spring, Intrinsic Action)
* Kuwait/Iraq from 15 March 2004 through 13 March 2005 for a period of 11 months and 27 days (during Operation Iraqi Freedom (OIF))

8.  Army Regulation 600-8-22 (Military Awards) states 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 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, including Kuwait/Iraq.  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.

9.  Army Regulation 600-8-22 states the Iraq Campaign Medal (ICM) 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 ICM 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.  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.  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 - date to be determined)

10.  Army Regulation 600-8-22 provides that under no condition will personnel or units receive the ICM, GWOTEM, GWOTSM, Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service.

11.  Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

12.  Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours.  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.  (Rules 6 and 8 of Table 3-2 Army Regulation 614-30 (Overseas Service) apply and, in pertinent part, show short tour credit is awarded for a 12-month unaccompanied tour in the Republic of Korea).

13.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states that for:

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

	b.  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier’s records.  Do not use abbreviations.

	c.  item 18, for an active duty Soldier deployed 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 his DD Form 214 should be corrected to show his foreign service in Kuwait/Iraq for post 9-11 benefits.

2.  DFAS confirmed the applicant received HF/IDP and CZTE associated with deployments to Kuwait/Iraq during the periods 20 April 2000 through 18 August 2000, 17 April 2001 through 10 August 2001, and 15 March 2004 through 13 March 2005, for a combined total of 1 year, 7 months and 22 days.  When added to his previous period of 1 year, 2 months, and 29 days of service in the Republic of Korea he completed a total of 2 years, 10 months, and 21 days of total foreign service.  Therefore, his DD Form 214 should be corrected to show his total period of foreign service.

3.  Additionally, based on his confirmed deployments to Kuwait/Iraq, he is entitled to correction of his DD Form 214 to specifically show this deployment information.

4.  As a related issue, his DD Form 214 does not show all of the awards and decorations to which he is entitled.

5.  Permanent orders awarded him the Army Achievement Medal.  Therefore, his DD Form 214 should be corrected to show this award.

6.  Evidence shows the applicant completed a qualifying period of service for entitlement to the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this service medal.

7.  Evidence shows the applicant completed qualifying periods of service for two awards of the Overseas Service Ribbon during his assignment to the Republic of Korea and his deployments to Kuwait/Iraq.  Therefore, his DD Form 214 should be corrected to show the Overseas Service Ribbon (2nd Award).

8.  The applicant served a qualifying period of service during his first deployment to Kuwait for entitlement to the GWOTEM.  Therefore, his DD Form 214 should be corrected to show this award.

9.  The applicant served in Kuwait/Iraq during a subsequent deployment for entitlement to the ICM.  He also participated in two campaign phases.  Therefore, he is entitled to the ICM with two bronze service stars and correction of his
DD Form 214 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 and the entry "0002  02  16" and replacing it with the entry "0002  10  21";

	b.  adding to item 13 of his DD Form 214 the:

* Army Achievement Medal
* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Expeditionary Medal
* Korea Defense Service Medal
* Overseas Service Ribbon (2nd Award)

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT/IRAQ FROM 20000420 - 20000818, 20010417 - 20010810, AND 20040315 - 20050313."



      __________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)                                         AR20110010966



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110010966



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1