IN THE CASE OF:	  

		BOARD DATE:	  3 May 2012

		DOCKET NUMBER:  AR20110020491 


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 amendment of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his period of service in Iraq.  In an e-mail dated 24 April 2012 he also requests award of the Iraq Campaign Medal (ICM) in-lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM).

2.  The applicant states his last unit failed to enter the period that he served in Iraq on his DD Form 214.  

3.  The applicant provides his deployment orders and allied documents.

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 1 July 1999.  He was honorably discharged on 13 January 2010 after completing 10 years, 6 months, and 
13 days of net active service.

3.  Section I (Assignment Information) of his Enlisted Record Brief (ERB) does not show an entry for Iraq in the fields for overseas/deployment combat duty.  Section IX (Assignment Information) shows he was assigned to the 11th Armored Cavalry Regiment from 16 August 2004 to on or about 11 June 2006.

4.  His DD Form 214 shows in:

   a.  Item 12f (Foreign Service) - "0000 07 13" (7 months and 13 days);
   
   b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (3rd Award)
* National Defense Service Medal
* Afghanistan Campaign Medal with two campaign stars
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* North Atlantic Treaty Organization Medal
* Parachutist Badge

   c.  Item 18 (Remarks) shows he served in Afghanistan from 12 March to 
24 October 2007.

5.  Department of the Army General Orders 2009-22, dated 10 December 2009, show Headquarters and Headquarters Troop, 1st Squadron, 11th Armored Cavalry Regiment, and six subordinate units were awarded the Meritorious Unit Commendation (MUC) for the period 2 February 2005 to 15 January 2006.

6.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed his Master Military Pay Account (MMPA).  His MMPA shows he received hostile fire pay/imminent danger pay (HFP/IDP) and the combat zone tax exclusion for Kuwait from 15 January 2005 through 3 January 2006 (11 months and 20 days).



7.  The applicant provides Orders Number 005-86 issued by Headquarters, National Training Center and Fort Irwin, dated 6 January 2005.  This document shows he was assigned to Task Force Blackhorse and he deployed to Iraq on or about 10 January 2005 for a period of 365 days or until released or extended.  In addition, he provided Orders Number 005-85, issued by the same command and dated 5 January 2005, which revokes Orders Number 307-85 (not in OMPF or provided).

8.  As a related issue, a review of his record indicates his authorization of additional awards which are not shown on his DD Form 214.

9.  Department of the Army General Orders Number 2009-22, dated 
10 December 2009, awarded the Meritorious Unit Commendation (MUC) to Headquarters and Headquarters Troop, 1st Squadron, 11th Armored Cavalry Regiment for exceptionally meritorious service during the period 2 February 2005 to 15 January 2006.

10.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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.

   b.  The Iraq Campaign Medal (ICM) 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 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.  He served during the following approved campaigns:

* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)

   c.  The Overseas Service Ribbon (OSR) is awarded for successful completion of overseas tours.  

11.  According to the Awards and Decorations Branch at the U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 continuous months in Iraq or Afghanistan get credit for a completed short tour.  Rules 6 and 8 of Table 3-2, Army Regulation 614-30 (Overseas Service) apply.

12.  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.

	a.  It states from the ERB, enter the total amount of foreign service completed during the period covered by the DD Form 214.

	b.  It states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" in block 18 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests amendment of his DD Form 214 to show award of the ICM in lieu of the GWOTEM.

2.  His DFAS records show he was deployed to Kuwait; however, permanent orders show he was deployed as part of a task force to Iraq.  It is reasonable to presume he was present for duty with his unit in Iraq during the period his DFAS records indicate he was in Kuwait.  Accordingly, it would be appropriate to correct item 12f of his DD Form 214 to include the 11 months and 20 days of foreign service in Iraq.  In addition, a statement should be added to item 18 documenting his service in Iraq.

3.  He served a qualifying period of service for award of the GWOTEM or ICM.  No service member will be entitled to both medals for the same act, achievement, or period of service.  He participated in two campaigns during this period of service.  Because he specifically requested award of the ICM in lieu of the GWOTEM, it would now be appropriate to amend his DD Form 214 by deleting the GWOTEM and adding the ICM with two bronze service stars.

4.  Based on 11 months and 20 days of service in Iraq he is eligible for the OSR.  Therefore, he is entitled to correction of his DD Form 214 to show the OSR.

5.  He was assigned to a unit during a period for which the unit received the MUC.  Therefore, he is entitled to correction of his DD Form 214 to show this unit 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.  deleting from item 12f of his DD Form 214 the entry "0000  07  13" and adding the entry "0001  07  03";

	b.  deleting the GWOTEM from item 13 of his DD Form 214;

   c.  adding to item 13 of his DD Form 214 the ICM with two bronze service stars, OSR, and MUC; and

	d.  adding to item 18 of his DD Form 214 the entry "SERVICE IN IRAQ FROM 20050115 – 20060103."




      _______ _   _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)                                         AR20110020491



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ABCMR Record of Proceedings (cont)                                         AR20110020491



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