IN THE CASE OF:	  

		BOARD DATE:	    21 February 2012

		DOCKET NUMBER:  AR20110016776 


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 Iraq and award of the Army Commendation Medal.  

2.  He states his DD Form 214 does not reflect his foreign service in Iraq or the Army Commendation Medal.  

3.  He provides:

* DD Form 214
* DA Form 31 (Request and Authority for Leave)
* Deployment orders with by-name roster
* Order of the Spur
* Orders for the Army Good Conduct Medal 
* Award certificate for the Army Commendation Medal
* DD Form 2796 (Post-Deployment Health Assessment)
* Military Leave and Earnings Statement
* DD Form 603-1 (War Trophy Registration/Authorization
* Personal Web Transcript
* FHT Form 600-X21 (Transition Medical Option Statement)
* DD Form 2808 (Report of Medical Examination)
* DD Form 2807-1 (Report of Medical History)
* DA Form 4700 (Medical Record-Supplemental Medical Data)


* DD Form 2697 (Report of Medical Assessment)
* DD Form 2216E (Hearing Conservation Data)

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 19 September 2000. 

3.  Headquarters, 4th Infantry Division (Mechanized) Orders 030-01, dated 30 January 2003, show his unit was deployed to the Central Command in support of Operation Enduring Freedom with an effective date to be determined by the FORSCOM [U.S. Army Forces Command] commander.  His name was listed on the by-name roster.  

4.  He provided an award certificate which shows he was awarded the Army Commendation Medal for meritorious achievement while assigned to Task Force 3-66 Armor during Operation Iraqi Freedom during the period 6 April through 1 May 2003 by Headquarters, 1st Brigade, 4th Infantry Division, Fort Hood, TX, Permanent Order Number 161-235.  

5.  He also provided the following documents which show:

	a.  Military Leave and Earnings Statement for period 1 to August 2003, he was paid hostile fire pay (HFP).

	b.  DA Form 31, undated, he requested ordinary leave from 2 to 16 November 2003.  This form shows his duty station as Bayji, Iraq.   

	c.  Order of the Spur, dated 14 April 2004, he was entered on the “Order of the Spur” and was awarded a pair of Cavalry Spurs to be worn at all Cavalry Formations.

	d.  Permanent Order 270-03, dated 17 October 2003 and Permanent Order 030-20, dated 20 January 2004 published by 3rd Battalion, 66th Armor Regiment, Fort Hood, TX, he was awarded the Army Good Conduct Medal
(1st Award) for the periods 18 September 2000 through 17 September 2003 and 19 September 2000 through 18 September 2003.  

	e.  DD Form 2796, dated 22 March 2004, he arrived in theater (Bayji, Iraq) on 3 April 2003 and departed from theater on 22 March 2004.  The name of operation was identified as Operation Iraqi Freedom.

	f.  DD Form 603-1, dated 1 March 2004, he found a Iraqi bayonet in Iraqi troop barracks.

	g.  Personal Web Transcript, he completed basic training, M1A1 Abrams Armor Crewman One Station Unit Training, Fitness Training Unit, Combat Lifesaver, and M1A2 Tank Operations and Maintenance (Armor Crewman).

	h.  FHT Form 600-X21, dated 26 July 2004, he elected to waive his medical examination.  

	i.  DD Form 2808, DD Form 2807-1, DA Form 4700, DD Form 2697, and DD Form 2216E, he completed a medical examination prior to separation.  

6.  He was released from active duty on 18 September 2004.  His DD Form 214 shows in:

* item 12f (Foreign Service), no foreign service
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) the:

* Army Lapel Button
* Global War on Terrorism Service Medal
* National Defense Service Medal
* Army Service Ribbon

* item 18 (Remarks), no entry for deployment in support of Operation Iraqi Freedom

7.  In an email, dated 21 September 2011, the Defense Finance and Accounting Service (DFAS) indicated he received HFP/imminent danger pay (IDP) and Combat Zone Tax Exclusion (CZTE) for the period 3 April 2003 to 22 March 2004 (a period of 11 months and 20 days) for service in Kuwait.

8.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (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-date to be determined)

9.  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.  It states that 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 in item 18.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s military pay records show he received HFP/IDP and CZTE for the period 3 April 2003 to 22 March 2004 (a period of 11 months and 20 days) for service in Kuwait.  

2.  His award certificate for the Army Commendation Medal, DA Form 31, and DD Form 2796 show he served in Iraq during the period he received HPF/IDP and CZTE.  However, his DD Form 214 does not show any foreign service or awards for his service in Kuwait/Iraq.  

3.  His military pay records, along with the other evidence of record, are accepted as sufficient to amend item 12f of his DD Form 214 to reflect 11 months and 20 days of foreign service and to amend item 18 to show his service in Kuwait/Iraq.  

4.  The evidence of record shows he served a period of qualifying service for award of the Iraq Campaign Medal and correction of his DD Form 214 to show this award.  

5.  Permanent Order Number 161-235, shows he was awarded the Army Commendation Medal for meritorious achievement from 6 April through 1 May 2003.  Therefore, his DD Form 214 should be amended to show this award.  

6.  He was awarded the Army Good Conduct Medal (1st Award) for the period 18 September 2000 through 17 September 2003 by Permanent Order 270-03, dated 17 October 2003.  

7.  He was also awarded the Army Good Conduct Medal (1st Award) for the period 19 September 2000 through 18 September 2003 by Permanent Order 030-20, dated 20 January 2004.  These orders show the correct period of qualifying service for the first award of the Army Good Conduct Medal and his DD Form 214 should be amended 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.  amending item 12f to show the entry “0000 11 20”;

	b.  amending item 13 by adding award of the Iraq Campaign Medal, the Army Commendation Medal, Army Good Conduct Medal (1st Award); and


	c.  amending item 18 to show the entry “SERVICE IN KUWAIT/IRAQ FROM 20030403 TO 20040322.”



      __________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)                                         AR20110016776





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ABCMR Record of Proceedings (cont)                                         AR20110016776



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