IN THE CASE OF:	  

		BOARD DATE:	  30 August 2012

		DOCKET NUMBER:  AR20120001726 


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 the Combat Action Badge (CAB), Overseas Service Ribbon (OSR), the Iraq Campaign Medal (ICM) in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM), and the Meritorious Unit Commendation (MUC).

2.  The applicant states he served in Iraq from 2 March 2003 to 4 March 2004 and the CAB and the ICM were not yet available.  He contends that while deployed, he was in an area where mortar attacks were present to include fire "outside the wire."  He adds that he is entitled to the OSR because he served overseas for over two years prior to his medical discharge.

3.  The applicant provides a DD Form 214, unit deployment orders, and reassignment orders.  

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 is requesting correction of his DD Form 214 to show the CAB.  However, Army Regulation 15-185, the regulation under which the ABCMR operates, states the Board will not consider any application if it determines that the applicant has not exhausted all administrative remedies available.  There is no evidence the applicant submitted a request for award of the CAB to the U.S. Army Human Resources Command (USAHRC).  Therefore, this portion of his request will not be discussed further in this Record of Proceedings.  He has been notified by separate correspondence of the disposition of his request and the procedures for applying for the CAB.

3.  The applicant enlisted in the Regular Army on 2 March 2000 and he was awarded military occupational specialty 63B (Light Wheel Vehicle Mechanic) upon completion of initial entry training.  He reenlisted for a period of four years on 19 August 2002.

4.  Orders Number 048-037, dated 17 February 2003, issued by the 64th Replacement Company (Germany), directed his reassignment to the 147th Maintenance Company with a reporting date of 17 February 2003.  His Enlisted Record Brief (ERB) shows his DEROS (Date Eligible to Return from Overseas) was established as 13 February 2006.

5.  An award certificate shows he was awarded the Army Commendation Medal for meritorious achievement as a member of the 147th Maintenance Company in support of Operation Iraqi Freedom (OIF) during the period 19 March 2003 to 
1 February 2004.

6.  A Medical Board (Narrative Summary) indicates he was deployed to Iraq from March 2003 to March 2004.

7.  While serving in Germany, a Physical Evaluation Board found him unfit for further military service and recommended his separation from the service.

8.  On 1 May 2005, he was discharged due to a physical disability with entitlement to severance pay.  His DD Form 214 shows the following awards:

* Army Commendation Medal
* Army Achievement Medal (2nd award)
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Army Lapel Button
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Driver and Mechanic Badge

9.  His DD Form 214 does not reflect his service in Iraq.  

10.  USAHRC Permanent Orders Number 046-10, dated 15 February 2008, awarded the MUC to the 147th Maintenance Company for service in support of OIF during the period 19 March 2003 to 12 March 2004.

11.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The ICM is awarded to members who have 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 ICM 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.  Approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010)
* New Dawn (1 September 2010-31 December 2011)

	b.  Service members qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

	c.  The OSR was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the OSR.
12.  Army Regulation 614-30 (Overseas Service), table 3-2, rule 2, provides that if a Soldier serves less than the normal prescribed overseas tour, and curtailment is for the convenience of the Government and through no request from or fault of the Soldier, then credit the Soldier with a completed tour.  Table 3-2, rule 8, provides that if a Soldier serves nine months in a continuous temporary change of station (TCS) or temporary duty (TDY) status in areas where the unaccompanied tour length is up to 18 months, or in isolated areas where tour lengths have not been established, then the Soldier will be credited with completion of an overseas tour.  Iraq is considered an isolated area where tour lengths have not been established by the Department of Defense.

13.  According to the Awards Branch at U.S. Army Human Resources Command, when a Soldier is serving OCONUS on a prescribed tour and is deployed on a TDY/TCS status, the original prescribed tour is not interrupted.  

14.  The Joint Federal Travel Regulations, Appendix Q (OCONUS (Outside Continental United States) Tour Lengths/Tours of Duty) establishes the tour length for Germany as 36 months for an accompanied tour and 24 months for an unaccompanied tour.

15.  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 provides standardized policy for the preparation of the DD Form 214 and states that in block 18, for an active duty Soldier deployed to a foreign country 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)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Army Commendation Medal for service in support of OIF.  He stated that he was deployed to Iraq from 2 March 2003 through 4 March 2004 and a Medical Board (Narrative Summary) indicates he was deployed to Iraq from March 2003 to March 2004.  Therefore, the dates of service in Iraq provided by him are accepted as sufficient evidence for award of the ICM with two bronze service stars and correction of his DD Form 214 to show this award and to document his deployment to Iraq in block 18.

2.  Although he did not complete the prescribed tour length for his overseas tour in Germany, his tour curtailment and discharge were as a result of a physical disability and not as a result of a voluntary request.  Therefore, it would be appropriate to grant him an overseas tour completion for his tour in Germany.  Additionally, he served more than nine continuous months in Iraq.  Therefore, he should also be credited with completion of an overseas tour for his service in Iraq.  Based on completion of two overseas tours, he is authorized the OSR with Numeral 2 and correction of his DD Form 214 to show this ribbon.

3.  Orders show the 147th Maintenance Company was awarded the MUC during his period of assignment to this unit.  Therefore, he is authorized correction of his DD Form 214 to show this unit 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:

	a.  deleting from his DD Form 214 the Global War on Terrorism Expeditionary Medal;  

	b.  adding to his DD Form 214 the Iraq Campaign Medal with two bronze service stars, Overseas Service Ribbon (2d Award), and the Meritorious Unit Commendation; and 

	c.  adding to block 18 of his DD Form 214 the entry "SERVICE IN IRAQ FROM 20030302- 20040304."




      _______ _   _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)                                         AR20120001726



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ABCMR Record of Proceedings (cont)                                         AR20120001726



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