BOARD DATE:	  31 May 2012

		DOCKET NUMBER:  AR20110021747 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 20 December 2003 be corrected to show he was deployed to Iraq.

2.  The applicant states he served with Headquarters and Headquarters Battery, 4th Battalion, 42nd Field Artillery from 6 September 2000 through 20 December 2003.  He deployed with this unit during that time.

3.  The applicant provides his DD Form 214.

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.  He enlisted in the Regular Army on 6 September 2000 for a period of 3 years. He had previously served in the South Dakota Army National Guard for 3 years, 
8 months, and 10 days.  His assigned military occupational specialty was 13B (Cannon Crewmember).  

3.  The exact date of his assignment to the 4th Battalion, 42nd Field Artillery is not shown in his official military personnel file (OMPF).  However, 4th Battalion, 42nd Field Artillery is shown as his unit on a DD Form 2648 (Preseparation Counseling Checklist), prepared on 16 September 2003.

4.  On 20 December 2003, he was released from active duty.  He completed 
3 years, 3 months, and 15 days active service that was characterized as honorable.  His DD Form 214 shows he was awarded or is authorized the:

* Army Lapel Button
* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

5.  His DD Form 214 does not show any foreign service and there is no entry in item 18 (Remarks) showing his deployment.

6.  An email from the Defense Finance and Accounting Service (DFAS), dated 
11 September 2012, shows he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 2 April 2003 through 
11 September 2003 for Kuwait.

7.  A history of the 4th Battalion, 42nd Field Artillery Regiment, obtained from the internet, states the unit deployed to Iraq in late April 2003.

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 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.  Among the approved campaigns are the:

* Liberation of Iraq (19 March 2003 - 1 May 2003)
* Transition of Iraq (2 May 2003 - 28 June 2004)

	b.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized, or National Guard Soldiers activated on or after 11 September 2001 to a date to be determined and having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal. 

9.  Army Regulation 635-5 (Separation Documents) states when an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, an entry will be made in item 18 to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.

DISCUSSION AND CONCLUSIONS:

1.  Based on his statement and corroborated by the DD Form 2648 it is reasonable to conclude he was assigned to the 4th Battalion, 42nd Field Artillery during the period of his deployment.

2.  The history of the unit states they deployed to Iraq in late April 2003.  The email from DFAS shows he received HF/IDP from 2 April 2003 through 
11 September 2003, a period of 5 months and 10 days.  

	a.  Therefore, it would be appropriate to correct item 12f (Foreign Service) of his DD Form 214 to read 0000 05 10.

	b.  While the exact dates he was in Iraq are unknown, it is reasonable to conclude he served at least 30 consecutive days in Iraq.  His service would have been during the Liberation of Iraq and the Transition of Iraq campaigns.  Therefore, he is authorized the Iraq Campaign Medal with two bronze service stars.

	c.  The exact dates he was in Iraq are not known.  Therefore, it would be appropriated to enter "SERVICE IN KUWAIT/IRAQ 20030402 - 20030911" in item 18 of his DD Form 214.

3.  He entered active duty on 6 September 2000 and deployed on 2 April 2003.  He served 30 consecutive days on active duty on or after 11 September 2001  outside the designated area of eligibility for the Iraq Campaign Medal.  Therefore, he is authorized the Global War on Terrorism Service Medal.

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 amending the following items of his DD Form 214 with a separation date of 
20 December 2003:

	a.  Item 12f - change to read 0000 05 10.

	b.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) - add the:

* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Service Medal

	c.  Item 18 - add the entry:  SERVICE IN KUWAIT/IRAQ 20030402 - 20030911.




      _______ _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)                                         AR20110021747



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ABCMR Record of Proceedings (cont)                                         AR20110021747



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