IN THE CASE OF:	  

		BOARD DATE:	  23 May 2012

		DOCKET NUMBER:  AR20110022595 


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 item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 21 January 2005 to show his total foreign service in Iraq.

2.  The applicant states he served in Iraq from 10 March 2003 to 15 February 2004 for a total of 342 days; however, his DD Form 214 indicates he only served 2 months and 22 days.  He contends that his foreign service computation was erroneously taken from his Army Commendation Medal which only covered his period of combat operations during Operation Iraqi Freedom (OIF).

3.  The applicant provides:

* Service Member Deployment History Outprocessing Verification printout for the period 1 August 2002 to 18 November 2004
* temporary change of station (TCS) orders, dated 19 February 2003
* Geneva Convention Identification Card
* North Atlantic Treaty Organization (NATO) Travel Order, dated 19 February 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 22 January 2002.

3.  His Enlisted Record Brief shows he was assigned to the 28th Medical Detachment from 9 March 2003 to 13 February 2004.

4.  On 21 January 2005, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He completed 3 years of active service with no lost time.

5.  His DD Form 214 for the period ending 21 January 2005 shows in:

* item 12f – "0000  02  22" (2 months and 22 days)
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) –

* Army Commendation Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar

* item 18 (Remarks) – "SERVICE IN OPERATION IRAQI FREEDOM (IRAQ) FROM 20030310 TO 20030601"

6.  While serving in the U.S. Army Reserve he completed two additional periods of active duty from 26 August 2005 to 30 November 2005 and from 23 February 2007 to 7 July 2008.

7.  His DD Form 214 for the period ending 7 July 2008 shows in item 13 –

* Army Commendation Medal (3rd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Armed Forces Reserve Medal with "M" Device
* Combat Action Badge
* Expert Marksmanship Qualification Badge with Rifle Bar

8.  Item 18 of his DD Form 214 for the period ending 7 July 2008 shows he deployed to Iraq in support of OIF from 12 May 2007 to 12 May 2008.

9.  Defense Finance and Accounting Service (DFAS) records indicate he received hostile fire pay (HFP)/imminent danger pay (IDP) and combat zone tax exclusion for Kuwait from 10 March 2003 through 14 February 2004, which equates to a total of 11 months and 5 days of foreign service.

10.  There is no evidence of any disciplinary action during his period of active service.  There also is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.

11.  Department of the Army General Orders 2009-14, dated 16 December 2009, awarded the Meritorious Unit Commendation to the 28th Combat Support Hospital for exceptionally meritorious service during the period 10 March 2003 to 1 December 2003.

12.  He provides a deployment history printout which shows he served in a named operation from 10 March 2003 to 15 February 2004 during a period of war.  In addition, he provides TCS orders reassigning the 28th Combat Area Support Hospital to U.S. Central Command on or about 23 February 2003 in support of Operation Enduring Freedom and a NATO travel order which lists his name.

13.  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 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 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.  He served during the following approved campaigns:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Surge (10 January 2007-31 December 2008)

	b.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

14.  According to the Awards and Decorations Branch of 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 receive credit for a completed short tour.  Rules 6 and 8 of table 3-2, Army Regulation 614-30 (Overseas Service), apply.

15.  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.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance for preparation of the DD Form 214 and states:

	a.  for item 12f, enter the total amount of foreign service completed during his or her continuous period of active service; and

	b.  for item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 for the period ending 21 January 2005 should be corrected to show his total overseas service in Iraq.

2.  DFAS records indicate he received HFP/IDP from 10 March 2003 to 14 February 2004 for service in Kuwait.  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.  Nevertheless, his DFAS record is accepted as sufficient evidence with which to amend item 12f and item 18 of his DD Form 214 for the period ending           21 January 2005 to show he served in Kuwait/Iraq for 11 months and 5 days.

4.  He served qualifying periods of service for award of the Iraq Campaign Medal from 10 March 2003 to 14 February 2004.  He also participated in two campaigns during this period of deployment.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 21 January 2005 to show the Iraq Campaign Medal with two bronze service stars.

5.  The evidence of record appears to show he met the criteria for the first award of the Army Good Conduct Medal.  There is no evidence of record which shows he was disqualified by his commander for this award.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for his honorable period of service from 22 January 2002 through 21 January 2005.

6.  His unit was awarded the Meritorious Unit Commendation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 21 January 2005 to show this unit award.

7.  In view of the above, his request should be granted.

8.  The applicant was subsequently ordered to active duty in support of OIF for the period 23 February 2007 to 7 July 2008 and deployed to Iraq in an additional campaign.  He was issued a DD Form 214 for this period of service.  Therefore, it would also be appropriate to correct his DD Form 214 for the period ending 7 July 2008 to show the Iraq Campaign Medal with three bronze service stars and Meritorious Unit Commendation.

BOARD VOTE:

___X____  __X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  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.  awarding him the Army Good Conduct Medal (1st Award) for the period 22 January 2002 through 21 January 2005;

	b.  amending his DD Form 214 for the period ending 21 January 2005 as follows:

* replacing the entry in item 12f to show "0000  11  05"
* adding the Army Good Conduct Medal (1st Award), Iraq Campaign Medal with two bronze service stars, and Meritorious Unit Commendation to item 13
* deleting the statement "SERVICE IN OPERATION IRAQI FREEDOM (IRAQ) FROM 20030310 TO 20030601" from item 18
* adding the statement "SERVICE IN KUWAIT/IRAQ FROM 20030310-20040414" to item 18

2.  His DD Form 214 for the period ending 7 July 2008 should be corrected by adding award of the Meritorious Unit Commendation and Iraq Campaign Medal with three bronze service stars.



      ___________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)                                         AR20110022595



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ABCMR Record of Proceedings (cont)                                         AR20110022595



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