IN THE CASE OF:	  

		BOARD DATE:	    29 May 2012 

		DOCKET NUMBER:  AR20110024800 


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 service in Kuwait/Iraq and the awards associated with this service
* information on where he can get replacement awards

2.  The applicant states he was not given any documentation for the awards he received in Iraq and his foreign service is not noted on his DD Form 214.  He would like to know where he can obtain duplicate awards as his former spouse destroyed the ones he had been awarded.

3.  The applicant provides:

* his DD Form 214
* a page titled "Service Member Deployment History - Outprocessing Verification" for the period 1 January 2001 - 12 January 2005
* a DD Form 2796 (Post-Deployment Health Assessment), dated 1 August 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 requested information on where he can get replacement awards.  The applicant is advised that requests for medal sets for previously approved awards should be forwarded to the National Personnel Records Center (NPRC), 1 Archives Drive, St. Louis, MO 63138.  The NPRC will verify the awards to which a retiree/veteran is entitled and forward the request with verification to the appropriate service department for issuance of the medals.  Requests to the NPRC may be submitted online through the eVetRecs system at http://www.archives.gov/veterans/military-service-records/standard-form-180.html or via mail or fax (314-801-9195) by letter or completing a Standard Form
(SF) 180 (which is available for download at the same website).  At a minimum, all requests must include a copy of the retiree's/veteran's separation or discharge paperwork and any other supporting documentation to substantiate his request.  All requests must be signed and dated.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant enlisted in the Regular Army on 4 January 2002 and he held military occupational specialty 11B (Infantryman).  He was assigned to A Company, 3rd Battalion, 7th Infantry Regiment, Fort Stewart, GA.

4.  On 21 January 2005, he was discharged from active duty.  He completed 3 years and 18 days of creditable active service.  The DD Form 214 he was issued at the time shows in:

* item 12f (Foreign Service) the entry "0000  00  00"
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Presidential Unit Citation


* item 18 (Remarks) no entry for service in Kuwait or Iraq

5.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion for service in Kuwait/Iraq from 27 November 2002 through 10 August 2003, which equates to 8 months and 15 days of foreign service.

6.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.

	b.  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 through 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  During his service in Iraq, the applicant participated in the following two campaigns:

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

7.  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 for:

* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22


* item 18, for an active duty Soldier deployed to a foreign country, enter the statement "SERVICE IN (Name of Country Deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  Evidence confirms he served in Kuwait/Iraq from 27 November 2002 through 10 August 2003.  Therefore, his DD Form 214 should be corrected to show the duration of this foreign service.

2.  The evidence of record confirms he served in Kuwait during a qualifying period for entitlement to the Global War on Terrorism Expeditionary Medal.  Therefore, his DD Form 214 should be corrected to show this award.

3.  Evidence also confirms he served during a qualifying period of service for the Iraq Campaign Medal and he participated during two campaign periods.  Therefore, he is entitled to the Iraq Campaign Medal with two bronze service stars and correction of his DD Form 214 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 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  00  00" and replacing it with the entry "0000  08  15";

	b.  adding to item 13 the:

* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Expeditionary Medal
	c.  adding to item 18 the entry "SERVICE IN KUWAIT/IRAQ FROM 20021127 - 20030810."



      _______ _  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)                                         AR20110024800



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ABCMR Record of Proceedings (cont)                                         AR20110024800



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