IN THE CASE OF:	  

		BOARD DATE:	  1 December 2011

		DOCKET NUMBER:  AR20110011668 


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 deployment dates in Iraq and any awards and decorations to which he may be entitled for this service.
 
2.  The applicant states:

* His tour in Iraq along with authorized awards were omitted from his DD Form 214
* He was with the 4th Battalion, 42nd Field Artillery of the 4th Infantry Division in Iraq from March 2003 to March 2004

3.  The applicant provides:

* Orders for the Army Commendation Medal
* 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 13 June 2001.  He completed his training and he was awarded military occupational specialty 92F (petroleum supply specialist).  On 15 July 2004, he was honorably released from active duty at the completion of required active service.  

3.  The DD Form 214 he was issued at the time shows in:
	a.  Item 12f (Foreign Service) the entry "0000  00  00";

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

* Army Lapel Button
* National Defense Service Medal
* Army Service Ribbon
	
	c.  Item 18 (Remarks) no entry for deployed service.

4.  He provided Permanent Orders 155-69, issued by Headquarters, 4th Infantry Division Artillery, Fort Hood, TX, dated 29 March 2004, which awarded him the Army Commendation Medal for meritorious service in support of Operation Iraqi Freedom (OIF) during the period 29 March 2003 to 1 May 2004.

5.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 2 April 2003 through 13 March 2004 (11 months and 12 days).  

6.  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.  It establishes standardized policy for the preparation of the DD Form 214.  The regulation provides that for:

* Item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) from the Soldier's record
* 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)"

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

8.  Army Regulation 600-8-22 states 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 AOE designated for award of the GWOTEM, 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.

9.  Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours.

10.  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).

DISCUSSION AND CONCLUSIONS:

1.  The DFAS information is accepted as sufficient evidence on which to amend items 12f and 18 of his DD Form 214 to show he served in Kuwait/Iraq.  Therefore, item 12f of his DD Form 214 should be corrected to show he completed 11 months and 12 days of foreign service and item 18 should be corrected to show he served in Kuwait/Iraq from 2 April 2003 through 13 March 2004.

2.  Based on his service in Iraq, he is entitled to the ICM with two bronze service stars.  Therefore, his DD Form 214 should be corrected to show this medal.

3.  He served a period of qualifying service for the GWOTSM.  His DD Form 214 should be corrected to show this medal.

4.  Records also show he was awarded the Army Commendation Medal for his service in support of OIF, which is not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this award.

5.  The applicant served a qualifying period of service in Kuwait/Iraq for entitlement to the Overseas Service Ribbon.  Therefore, his DD Form 214 should be corrected 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 the entry in item 12f of his DD Form 214 and replacing it with the entry "0000 11 12";

	b.  adding the ICM with two bronze service stars, GWOTSM, Army Commendation Medal, and Overseas Service Ribbon to item 13 of his DD Form 214; and 



	c.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20030402 -20040313" 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)                                         AR20110011668



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ABCMR Record of Proceedings (cont)                                         AR20110011668



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