BOARD DATE:	  3 May 2012

		DOCKET NUMBER:  AR20110018367 


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 he served in Iraq in support of Operation Iraqi Freedom (OIF).

2.  The applicant makes no additional statement in support of his application.

3.  The applicant provides his temporary change of station orders and a personnel manifest.

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 30 August 1983.  He completed training and was awarded military occupational specialty 52X (Special Purpose Equipment Repairer).

3.  He was awarded the Meritorious Service Medal for exceptionally meritorious service in support of OIF by 1st Corps Support Command, Logistics Support Area (LSA) Anaconda, Iraq, for the period 17 December 2004 to 16 December 2005.

4.  Defense Finance and Accounting Service (DFAS) records indicate the applicant received hostile/imminent danger pay (HF/IDP) from 18 December 2004 through 20 November 2005 for duty in Kuwait (11 months and 2 days).

5.  On 31 May 2006, he retired from active duty.  His DD Form 214 shows the following entries in:

   a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows among other awards he received the Global War on Terrorism Expeditionary Medal (GWOTEM).

   b.  Item 18 (Remarks) does not show he participated in a named operation or operational deployment.

6.  The applicant provides:

   a.  Temporary change of station Orders Number 336-85, issued by Headquarters, National Training Center and Fort Irwin, dated 1 December 2004; which show he was assigned to U.S. Army Central Command, Iraq, effective on or about 17 December 2004 for a period for 365 days or until released, or extended.
   
   b.  A personnel manifest from the 557th Maintenance Company, dated 
9 February 2005, listing the applicant's name.

7.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations.

	a.  The Iraq Campaign Medal (ICM) is awarded to members who 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.  

	b.  The 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.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.

	c.  Service members who qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005 in an area for which the ICM was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

8.  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 that 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 of the form.

DISCUSSION AND CONCLUSIONS:

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

2.  DFAS records indicate he received HFP/IDP from 18 December 2004 to 
20 November 2005 for Kuwait; however, he was awarded the Meritorious Service Medal for his participation in support of OIF in Iraq and the GWOTEM during this period.  The preponderance of the evidence supports that he served a tour of duty in Kuwait/Iraq and the evidence is sufficient to amend item 18 of his DD Form 214 to show this foreign service.  

3.  He served a qualifying period of service for award of the GWOTEM or ICM; however, no service member is entitled to both medals for the same act, achievement, or period of service.  The GWOTEM is listed on his DD Form 214; if he desires to receive the ICM, he must specifically request to exchange the GWOTEM for the ICM.  Upon approval of such a request his DD Form 214 may be corrected by removing the GWOTEM and adding the ICM.
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 adding to item 18 of his DD Form 214 the entry:  "SERVICE IN KUWAIT/IRAQ FROM 20041218 – 20051120."




      _______ _  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)                                         AR20110018367



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ABCMR Record of Proceedings (cont)                                         AR20110018367



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