IN THE CASE OF:	  

		BOARD DATE:  26 July 2012

		DOCKET NUMBER:  AR20120001026 


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 he served in Iraq and to show all of his authorized awards.

2.  The applicant states he was assigned to the 5th Brigade, 1st Cavalry Division and he deployed with his unit to Iraq from March 2004 to April 2005.  He just recently reviewed his DD Form 214 and realized his overseas service and awards related to his overseas service are not recorded on the document.

3.  The applicant provides no additional documentary evidence in support of his request.

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 20 August 2002.  He was awarded military occupational specialty 13F (Fire Support Specialist).

3.  His Enlisted Record Brief, dated 9 April 2005, shows in:

	a.  Section I (Assignment Information - Overseas Duty):  no entry (is blank);

	b.  Section III (Service Data):  he was promoted the rank/grade of specialist (SPC)/E-4 on 1 August 2004; and

	c.  Section VIII (Awards and Decorations) the:

* Army Commendation Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal

4.  A DA Form 4980-14 (Army Commendation Medal Certificate) shows that Permanent Order Number 28-01, issued by 5th Brigade Combat Team (BCT), 1st Cavalry Division, dated 28 January 2005, awarded the applicant the Army Commendation Medal for meritorious service while serving in the Operations Section of the Division Artillery Headquarters and 5th BCT from 4 January 2003 through 1 July 2005.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 31 May 2005 by reason of completion of required active service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed
2 years, 9 months, and 11 days of creditable active service.  It also shows in:

	a.  item 12 (Record of Service), block f (Foreign Service):  "0000 years,
00 months, and 00 days";

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

* Army Lapel Button
* Global War on Terrorism Service Medal
* National Defense Service Medal
* Army Service Ribbon


	c.  item 18 (Remarks):  does not show the applicant deployed with his unit to Kuwait/Iraq or the period of any such deployment.

6.  The applicant’s military personnel records do not contain any evidence of disciplinary action, adverse information, or a commander’s disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.

7.  The Defense Finance and Accounting Service confirmed the applicant received hostile fire/imminent danger pay and combat zone tax exclusion from
9 March 2004 through 16 March 2005 for Kuwait/Iraq.

8.  During the processing of this case, an ABCMR staff member contacted the applicant to determine if he had a preference regarding award of the Global War on Terrorism Expeditionary Medal or the Iraq Campaign Medal for his service in support of Operation Iraqi Freedom.  In response, the applicant indicated he would prefer the GWOTEM.

9.  A review of the Global Security website at:  http://www.globalsecurity.org (/military/agency/army/1cd-5bde.htm) shows the 1st Cavalry Division deployed in support of OIF II in 2004, serving as Task Force Baghdad.  The 1st Cavalry Division's 5th BCT assumed the mission of securing Baghdad's Al-Rashid District from the 1st Armored Division Artillery (DIVARTY) Combat Team, a similarly organized provisional brigade combat team, at a transfer-of-authority ceremony on 6 April 2004.  While in Iraq, the DIVARTY Headquarters served as the headquarters element for the Division's 5th BCT, taking control of several battalions, which served as motorized task forces.  

10.  According to the Military Awards Branch at 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 months continuous in Iraq or Afghanistan get credit for a completed short tour.

11.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	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.  The general area of eligibility encompasses all 


foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  Service members must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the area of eligibility.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the Global War on Terrorism Expeditionary Medal.

	b.  The Iraq Campaign Medal is authorized for award to members of the Armed Forces of the United States who have served in direct support of Operation Iraqi Freedom.  The area of eligibility encompasses all land area of the country of Iraq and 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.

		(1)  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to 31 December 2011.

		(2)  Only one award of the Iraq Campaign Medal may be authorized for any individual.  No service member will be entitled to both the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal for the same act, achievement, or period of service.

		(3)  Upon application, such a service member may be authorized the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.

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

	d.  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.  

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214.  It shows for:

	a.  item 12f:  enter total amount of foreign service completed during the period covered by the DD Form 214;

	b.  item 13:  list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22; and

	c.  item 18:  use this block for entries required by Department of the Army Headquarters for which a separate block is not available and for completing entries too long for their blocks.  For an active duty Soldier deployed to a foreign country 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 should be corrected to show his service in Iraq and all of his awards and decorations.

2.  Available records show the applicant was authorized hostile fire/imminent danger pay and combat zone tax exclusion for service in Kuwait/Iraq from
9 March 2004 through 16 March 2005.

	a.  A calculation of this period of overseas service shows the following:

	2005  03  16		date of redeployment
	- 2004  03  09		date of deployment to Kuwait/Iraq
	=     01  00  07
	+                   1		day inclusive
	=     01  00  08		total foreign service in Kuwait/Iraq

	b.  Item 12f and item 18 of the applicant's DD Form 214 do not show this period of foreign service.  Therefore, it would be appropriate to correct his DD Form 214 to show he served in Kuwait/Iraq during the above cited period.

3.  The applicant's Enlisted Record Brief shows he was authorized the Global War on Terrorism Expeditionary Medal which is not shown on his DD Form 214.  The applicant expressed his desire to retain the Global War on Terrorism Expeditionary Medal in lieu of the Iraq Campaign Medal.  Therefore, his DD Form 214 should be corrected to show the Global War on Terrorism Expeditionary Medal.


4.  Records show the applicant served a qualifying period in Iraq for completion of an overseas tour.  Therefore, he is entitled to the Overseas Service Ribbon and correction of his DD Form 214 to show this award.

5.  Permanent orders awarded the applicant the Army Commendation Medal.  Therefore, his DD Form 214 should be corrected to show this award.

6.  The applicant served a qualifying period of active duty enlisted service for the Army Good Conduct Medal (1st Award) from 20 August 2002 through 31 May 2005.

	a.  He attained the rank of SPC, served overseas in support of Operation Iraqi Freedom for more than 1 year, was awarded the Army Commendation Medal for meritorious service from 4 January 2003 through the date of his separation, and he was honorably released from active duty with 2 years, 9 months, and 11 days of creditable active service.

	b.  There is no evidence of any disciplinary action or adverse information.

	c.  Therefore, based on the available evidence, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

7.  In view of the foregoing, it would be appropriate to correct the applicant's
DD Form 214 as recommended below.

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 "0001  00  08";

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
20 August 2002 through 31 May 2005;

	c.  adding to item 13 of his DD Form 214 the:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Global War on Terrorism Expeditionary Medal
* Overseas Service Ribbon

	d.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT/IRAQ FROM 20040309-20050316."



      __________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)                                         AR20120001026



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ABCMR Record of Proceedings (cont)                                         AR20120001026



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