IN THE CASE OF:	  

		BOARD DATE:  2 August 2012

		DOCKET NUMBER:  AR20120002502 


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 his DD Form 214 be corrected by documenting his deployment to Operation Iraqi Freedom (OIF) and awarding any service medals due based on this deployment, and by adding the Driver’s Badge.  

2.  The applicant states he received the Driver’s Badge after his deployment to Kosovo and he has never received an award for his service in OIF.  

3.  The applicant provides no 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’s record shows he initially enlisted in the Regular Army on 
20 March 2000 and was trained in and awarded military occupational specialty (MOS) 13F (Fire Support Specialist).  His record shows he was advanced to specialist/E-4 on 1 April 2002, and this is the highest rank he attained and held on active duty.  

3.  The applicant’s Official Military Personnel File (OMPF) contains a certificate that confirms the applicant was awarded the Army Commendation Medal (ARCOM) for meritorious service during Operation Enduring Freedom (OEF) and OIF, while serving as a member of the 1st Battalion, 41st Field Artillery, during the period 20 March through 1 May 2003.  It further shows this award was authorized and announced in Headquarters, 3rd Infantry Division Permanent Order 124-68, dated 4 May 2003. 

4.  The OMPF is void of any orders or other documents related to a recommendation for or award of the Driver’s Badge.  

5.  The Defense Finance and Accounting Service (DFAS) record shows the applicant received Imminent Danger Pay/Hostile Fire Pay (IDP/HFP) for Macedonia (Kosovo) from 2 September through 7 December 2000 and for Kuwait for the period 21 January through 17 July 2003.  

6.  On 19 March 2004, the applicant was discharged, in the rank of private/E-1, after completing 4 years of active military service.  The DD Form 214 he was issued does include the Global War on Terrorism Expeditionary Medal (GWOTEM), Presidential Unit Citation (PUC), and Kosovo Campaign Medal.  The DD Form 214 does not document his deployments to Kosovo or to Kuwait/Iraq.  

7.  The unit history of the 1st Battalion, 41st Field Artillery shows the unit deployed in support of OEF in January 2003 and deployed along the Kuwait/Iraq border on 20 March and was involved in action in Iraq for the next 23 days for which the unit received the PUC.   

8.  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.  Chapter 2 contains instructions for preparing the DD Form 214.  The instructions for item 18 (Remarks) state 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)."

9.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-17 contains guidance on the Iraq Campaign Medal (ICM).   It states, in pertinent part, that it is authorized for 30 consecutive or 60 non-consecutive days of service in Iraq from 9 March 2003 to 31 December 2011.  A bronze service star is authorized with this award for each campaign a member is credited with participating in while in Iraq.  The following are authorized Iraq campaigns:

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

10.  Paragraph 2-18 of Army Regulation 600-80-22 contains guidance on the GWOTEM.  It states, in pertinent part, that it is authorized for 30 consecutive or 60 non-consecutive days of service in an authorized area of eligibility (AOE) between 11 September 2001 to a date to be determined.  Kuwait is an authorized AOE.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to document his deployment in support of Operation Iraqi Freedom and receive an award for this service and add the Driver’s Badge to his DD Form 214 has been carefully considered and found to have partial merit.  

2.  By regulation, the entry “SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)” will be included in item 18 of the DD Form 214 for an active duty Soldier deployed with his or her unit during their continuous period of active service.  In this case, the evidence of record confirms the applicant deployed to Kosovo for the period 2 September through 7 December 2000, and to Kuwait/Iraq for the period 21 January through      17 July 2003.  As a result, it would be appropriate to add the entries to item 18 for these deployments accordingly.  

3.  The evidence of record confirms the applicant received the GWOTEM, a PUC, and an ARCOM based on his service in support of OEF and OIF.  Based on his deployment to Kuwait/Iraq during the period 21 January through 17 July 2003, he is eligible for the GWOTEM already awarded for qualifying service in Kuwait between 21 January through 18 March 2003.

4.  Further, the applicant is eligible for the ICM with 2 bronze service stars for service in Iraq from 19 March through 21 July 2003.  Therefore, it would be appropriate to add this award to his record and DD Form 214.  

5.  The evidence of record contains no documents and/or orders showing the applicant was ever qualified for or was awarded the Driver’s Badge, and he has failed to provide any independent evidence confirming this award.  As a result, there is an insufficient evidentiary basis to support adding this badge to his      DD Form 214.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X ___  ___X____  ___X  ___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 by adding the Iraq Campaign Medal with 2 bronze service stars and adding the entries “SERVICE IN KOSOVO FROM 20000902-20001207” and "SERVICE IN KUWAIT/IRAQ FROM 20030121-20030717" to item 18. 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the Driver’s Badge to the record and 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)                                         AR20120002502



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ABCMR Record of Proceedings (cont)                                         AR20120002502


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