BOARD DATE:	  24 April 2012

		DOCKET NUMBER:  AR20110017752 


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 any related combat awards.

2.  The applicant states he deployed to Iraq from January through June 2003.

3.  The applicant provides nursing notes from the Winn Army Community Hospital Department of Emergency Medicine, dated 29 November 2003.

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 November 2001.  He completed training and was awarded military occupational specialty 14R (Bradley Linebacker Crewmember).

3.  His Enlisted Record Brief, dated 15 October 2004, shows he was awarded or authorized the:

* National Defense Service Medal
* Army Service Ribbon
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Global War on Terrorism Service Medal (GWOTSM)

4.  Defense Finance and Accounting Service (DFAS) records indicate the applicant received hazardous fire pay (HFP)/imminent danger pay (IDP) for the period 10 January to 15 July 2003 for service in Kuwait (6 months and 6 days).

5.  On 26 January 2005, he was honorably discharged.

	a.  Item 12f (Foreign Service) of his DD Form 214 does not show completion of any foreign service.

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Presidential Unit Citation (Army)
* National Defense Service Medal
* GWOTSM
* Army Service Ribbon

	c.  Item 18 (Remarks) of his DD Form 214 does not show his participation in named operations or operational deployments.

6.  There is no evidence of any disciplinary action during his period of active service.  There also is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.

7.  The applicant provides nursing notes from the Winn Army Community Hospital which contains the handwritten entry, "Operation Iraqi Freedom Kuwait/Iraq Jan 03-Jun 03."

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Iraq Campaign Medal (ICM) is awarded to members who 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 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.  The period established for the Liberation of Iraq campaign was 19 March 2003-1 May 2003.  The period established for the Transition of Iraq campaign was 2 May 2003-28 June 2004.

	b.  The GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in 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 50 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.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.

	c.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

9.  Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  
Chapter 2 contains guidance on the preparation of the DD Form 214.  It states the total amount of foreign service completed during his or her continuous period of active service will be entered as "YYYY MM DD" in item 12f.  For a Soldier deployed to a foreign country, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example YYYYMMDD-YYYYMMDD)" in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his overseas service in Iraq.

2.  DFAS records indicate he received HFP/IDP from 10 January to 15 July 2003 for service in Kuwait; however, during this period he would likely have been processed into the theater of operations through Kuwait, which is why DFAS records show special pay for that country.

3.  Nevertheless, his DFAS record combined with the award of the GWOTEM is accepted as sufficient evidence with which to amend item 18 of his DD Form 214 to show he served in Kuwait/Iraq for 6 months and 6 days.

4.  In addition to the GWOTEM for his service from 10 January 2003 through 18 March 2003, he served a qualifying period of service for award of the ICM from 19 March to 15 July 2003.  He also participated in two campaigns during this period.  Therefore, he is entitled to correction of his DD Form 214 to show the ICM with two bronze service stars.

5.  The evidence of record appears to show he met the criteria for the first award of the Army Good Conduct Medal.  There is no evidence of record which shows he was disqualified by his commander for this award.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for his honorable period of service from 13 November 2001 through 12 November 2004.

BOARD VOTE:

___X__  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 13 November 2001 through 12 November 2004;

	b.  amending item 12f of his DD Form 214 to read "0000  06  06";

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

	d.  adding the statement "SERVICE IN KUWAIT/IRAQ FROM 20030110-20030715" 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)                                         AR20110017752



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ABCMR Record of Proceedings (cont)                                         AR20110017752



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