IN THE CASE OF:	  

		BOARD DATE:	  17 April 2012

		DOCKET NUMBER:  AR20110020069 


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 record to show his foreign service from April to October 2003 and to show the awards he earned overseas in support of Operation Iraqi Freedom. 

2.  The applicant states:

* he has evidence he was overseas
* he does not have any of the medals for service in support of Operation Iraqi Freedom
* there is nothing in his record to show he served in support of Operation Iraqi Freedom

3.  The applicant provides:

* his DD Form 214 (Certificate of Release or Discharge from Active Duty) 
* orders
* three memoranda

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 record shows he enlisted in the Regular Army on 14 July 2000.  

3.  He submitted:

   a.  Permanent Orders Number 100-311, issued by Headquarters, Joint Readiness Training Center and Fort Polk, LA, dated 10 April 2003, which show he was ordered to temporarily change his station in support of Operation Iraqi Freedom effective 22 April 2003;

   b.  A Memorandum from Headquarters, 2d Armored Calvary Regiment, Fort Polk, LA, dated 27 June 2003, Subject:  Welcome Back, that welcomed redeployed Soldiers back from their deployment.  No names are listed in this memorandum; and

   c.  Two Memoranda for Record:

        (1)  2d Armored Cavalry Regiment – Iraq, dated 7 July 2003,
Subject:  In Theater Deployment Cycle System Validation, which shows he completed Iraqi Freedom out processing; and

        (2)  3d Squadron, 2d Armored Cavalry Regiment, dated 26 July 2003, Subject:  Proof of Service, which shows he served with the 2d Armored Calvary Regiment of the 1st Armored Division in support of Operation Iraqi Freedom from 25 April to 28 August 2003.

4.  On 30 November 2003, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  He had completed a total of 3 years, 4 months, and 17 days of creditable active service.

5.  Item 12f (Foreign Service) of the applicant's DD Form 214 contains the entry "0000 [years] 04 [months] 03 [days]."  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Achievement Medal (3d award), Army Good Conduct Medal, National Defense Service Medal, and Army Service Ribbon.  
6.  During the processing of this case, a staff member of the Board requested the Defense Finance and Accounting Service (DFAS) verify the applicant's deployment dates.  The DFAS response shows the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 
3 May to 27 August 2003 for Kuwait.

7.  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 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 block 18 (Remarks).

8.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-17 contains guidance on award of the Iraq Campaign Medal. It states it is authorized for 30 consecutive or 60 non-consecutive days of service in Iraq from 19 March 2003, to a future date to be determined.  A bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the following campaigns: 
* Liberation of Iraq (19 March  - 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 - Date to be determined)
9.  Paragraph 2-19 of the awards regulation contains guidance on the Global 
War on Terrorism Service Medal.  It states it is authorized for 30 consecutive or 60 non-consecutive days of service outside of a designated area of operation from 11 September 2001 to a date to be determined.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows he served in support of Operation Iraq from 
25 April to 28 August 2003.  DFAS records show he received HF/IDP and CZTE from 3 May to 27 August 2003.  Therefore, item 18 (Remarks) should be corrected to add the statement “SERVICE IN IRAQ FROM 20030425 – 20070828.”

2.  Evidence of record shows he was deployed to Iraq from 25 April to 28 August 2003 and participated during three campaign phases.  Therefore, he is entitled to 

the Iraqi Campaign Medal with three bronze service stars and correction of his 
DD Form 214 to show this award.

3.  Evidence of record also shows he participated in Global War on Terrorism operations outside of the area of operation designated for award of the Iraqi Campaign Medal.  Therefore, he is entitled to Global War on Terrorism Service Medal and correction of his DD Form 214 to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_____x__  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  adding “SERVICE IN IRAQ FROM 200300425 – 20030828” to Block 18 of his DD Form 214; and

	b.  adding the Iraq Campaign Medal with three bronze service stars and Global War on Terrorism Service Medal to item 13 of his DD Form 214.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting item 18 of his 
DD Form 214 to show he served in Iraq from April to October 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)                                         AR20110020069



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ABCMR Record of Proceedings (cont)                                         AR20110020069



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