IN THE CASE OF:	  

		BOARD DATE:  2 February 2012

		DOCKET NUMBER:  AR20110014167 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in Iraq and additional Operations Iraqi and Enduring Freedom (OIF/OEF) medals, awards, or decorations.

2.  He states that some of the awards were not authorized until after his discharge date.

3.  He provides:

* Deployment orders for OEF
* Authorization to Wear the Shoulder Sleeve Insignia-Former Wartime Service (SSI-FWTA) and Overseas Service Bar memorandum
* 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's military records show he enlisted in the Regular Army on 6 March 2001.  He completed training and he was awarded military occupational specialty 11B (Infantryman).

3.  On 27 February 2003, he was issued an order reassigning him to a temporary change of station in support of OEF for 365 days proceeding on 28 February 2003.

4.  He was honorably discharged in pay grade E-4, on 30 June 2004, for disability with severance pay.  He was credited with 3 years, 3 months, and 25 days of net active service and no time lost.  

5.  Item 12f (Foreign Service) of his DD Form 214 credited him with 3 months and 5 days of foreign service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of this form lists the following awards:

* Army Commendation Medal
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Combat Infantryman Badge
* Parachutist Badge

6.  Item 18 (Remarks) of his DD Form 214 contains the entry, "Soldier Deployed in Support of OEF from 26 March 2002 to 2 July 2002 with Duty in Afghanistan."  Item 18 does not show any deployment entry for service in Iraq.

7.  A staff member of the Defense Finance and Accounting Service, Indianapolis, IN, verified the applicant received hostile fire/imminent danger pay and combat zone tax exclusion for service in Iraq [sic Afghanistan] from 28 March 2002 to 3 July 2002, a period of 3 months and 5 days; and from 28 February 2003 to 20 June 2003, a period 3 months and 23 days; for total credit of 6 months and 28 days of foreign service.

8.  Army Regulation 635-5 (Personnel Separations - 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.  It states that for:

* Item 12, enter the total amount of foreign service completed during the period covered by the DD Form 214
* Item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards); each entry will be verified by the Soldier’s records
* Item 18, for an active duty Soldier deployed with his/her unit during their continuous period of active service, enter "Service IN (Name of Country Deployed) FROM (inclusive dates, YYYYMMDD - YYYYMMDD)"

9.  Army Regulation 600-8-22 states 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)

10.  Army Regulation 600-8-22 also states the Afghanistan Campaign Medal is awarded to members who served in direct support of OEF.  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns are:

* Liberation of Afghanistan (11 September 2001-30 November 2001)
* Consolidation I (1 December 2001-30 September 2006)
* Consolidation II (1 October 2006-date to be determined)

11.  Army Regulation 600-8-22 further states service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 24 October 2001 and 28 February 2005 in an area for which the Afghanistan Campaign Medal was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the Afghanistan Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of records confirms the applicant served a qualifying period of service for entitlement to the Iraq Campaign Medal with two bronze service stars. Therefore, his DD Form 214 should be corrected to show this award.

2.  The evidence of records shows he was deployed to Iraq in support of OIF from 28 February 2003 to 20 June 2003, a period of 3 months and 28 days.  Therefore, Item 12f of his DD Form 214 for the period ending on 30 June 2004 should be corrected to show he served a total of 6 months and 28 days of foreign service. Item 18 of his DD Form 214 should also be corrected to show the entry, "Deployed in Support of OIF in Iraq from 28 February 2003 to 20 June 2003."

3.  He requests additional awards for his service in support of OEF.  The evidence of record shows he served in Afghanistan in support of OEF from 28 March to 3 July 2003 during one campaign.  The evidence also shows he was awarded the Global War on Terrorism Expeditionary Medal and this award is currently listed on his DD Form 214.

4.  Army Regulation 600-8-22 shows that any service member who qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 24 October 2001 and 28 February 2005 in an area for which the Afghanistan Campaign Medal was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the Afghanistan Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

5.  Therefore, based on regulatory guidance he is entitled to the addition of the Afghanistan Campaign Medal with one bronze service star in lieu of the Global War on Terrorism Expeditionary Medal currently 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 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 the applicant's DD Form 214 the entry
"0000  03  05" and replacing it with the entry "0000  06  28";

	b.  deleting from Item 13 of his DD Form 214 the Global War on Terrorism Expeditionary Medal; 

	c.  adding to Item 13 of his DD Form 214 the:

* Iraq Campaign Medal with two bronze service stars
* Afghanistan Campaign Medal with one bronze service star; and
   
   d.  adding to Item 18 of his DD Form 214 the entry, "Deployed in Support of Operation Iraqi Freedom from 28 February 2003 to 20 June 2003."



      __________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)                                         AR20110014167





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ABCMR Record of Proceedings (cont)                                         AR20110014167



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