IN THE CASE OF:	  

		BOARD DATE:	    23 May 2012

		DOCKET NUMBER:  AR20110022424 


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 awards.

2.  The applicant states his deployment to Iraq in support of Operation Iraqi Freedom (OIF) from 4 April 2003 through 15 September 2003 is not shown on his DD Form 214.

3.  The applicant provides:

* DD Form 2796 (Post Deployment Health Assessment)
* leave and earnings statements for the period 1 March 2003 through 31 October 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 19 October 2000.  He was honorably released from active duty on 20 December 2003 after completing 3 years, 2 months, and 2 days of net active service.

3.  Section I (Assignment Information) of his Enlisted Record Brief (ERB) does not show an entry for overseas duty.  Section IX (Assignment Information) shows he was assigned to Company A, 299th Engineer Battalion, effective 3 April 2002.  His DD Form 214 shows this was also his last unit of assignment.

4.  In addition, his DD Form 214 shows in:

	a.  item 12f (Foreign Service) – "0000  00  00,”

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) –

* Army Lapel Button
* Army Commendation Medal (2nd Award)
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon

	c.  item 18 (Remarks) – no participation in a named operation or operational deployment.

5.  The U.S. Army Human Resources Command Military Awards and Decorations Branch webpage shows the 299th Engineer Company was awarded the Presidential Unit Commendation (PUC) (Navy) for the period 21 March 2003 to 24 April 2003 by Department of the Army general orders (pending).

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 combat zone tax exclusion for Kuwait from 6 April 2003 through 18 September 2003 (5 months and 13 days).

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

	a.  The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  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, having served 30 consecutive or 60 nonconsecutive days are authorized the GWOTSM.

	b.  The Iraq Campaign Medal (ICM) is awarded to members who served in direct support of OIF.  The AOE 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 in Iraq during the following approved campaigns:

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

8.  Army Regulation 635-5 (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.  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 contends his DD Form 214 should be corrected to show his overseas service in Iraq.

2.  DFAS records indicate he received HFP/IDP from 6 April 2003 through 18 September 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.  His DFAS record is accepted as sufficient evidence with which to amend his DD Form 214 to show he served 5 months and 13 days of foreign service in Kuwait/Iraq.

4.  He served a qualifying period of service for award of the ICM.  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 applicant's records also show he completed a period of service that qualifies him for award of the GWOTSM which is not shown on his records.  Therefore, he is entitled to correction of his records to show this award.

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.  amending item 12f of his DD Form 214 to read "0000  05  13,"

	b.  adding the ICM with two bronze service stars and GWOTSM to item 13 of his DD Form 214, and

	c.  adding the statement "SERVICE IN KUWAIT/IRAQ FROM 20030406-20030918" 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)                                         AR20110022424



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ABCMR Record of Proceedings (cont)                                         AR20110022424



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