IN THE CASE OF:	  

		BOARD DATE:	  16 August 2012

		DOCKET NUMBER:  AR20120003108 


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 document his service in Iraq and to show the awards he earned based on his Iraq service.

2.  The applicant states there is no evidence he is a veteran of foreign wars.

3.  The applicant provides:

* An undated DA Form 638 (Recommendation for Award)
* His Defense Finance and Accounting Service (DFAS) Leave and Earnings Statement (LES) for the period 1-31 August 2003
* A memorandum by the commander of Headquarters, 4th Brigade,
4th Infantry Division, subject:  Individual Redeployment Authorization, dated 11 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 enlisted in the Regular Army on 5 September 2000.  He was trained in and awarded military occupational specialty (MOS) 19D (Cavalry Scout).  His record shows he was advanced to specialist (SPC)/E-4 on 1 October 2002 and this is the highest rank/grade he attained and held on active duty.

3.  The applicant's Official Military Personnel File (OMPF) is void of any documents confirming his service in Iraq.

4.  On 5 March 2012, DFAS confirmed that based on review of the applicant's Master Military Pay Account (MMPA) he received hostile fire/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) during the period 1 April 2003 through 14 September 2003 for Kuwait/Iraq.  This period equates to
5 months and 14 days of foreign service.

5.  On 20 December 2003, the applicant was honorably released from active duty in the rank/grade of SPC/E-4 after completing 3 years, 3 months, and 16 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 Army Lapel Button, National Defense Service Medal, and Army Service Ribbon
* item 18 (Remarks) no entry related to deployed service during his active duty tenure

6.  The applicant provides:

	a.  a partially illegible DA Form 638 that shows he was awarded the Army Commendation Medal for meritorious service during the period 5 September 2000 to 4 September 2003 by Permanent Order Number 232-23, issued by Headquarters, 4th Aviation Brigade, 4th Infantry Division, Tikrit, Iraq, dated
20 August 2003.

	b.  an LES for the period 1 through 31 August 2003 that shows he received HFP during this period in the amount of $225.00.

	c.  a memorandum, dated 11 August 2003, that indicates the applicant was authorized to depart the Central Command (CENTCOM) area of responsibility (AOR) in order to separation on his expiration term of service.

7.  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.  It stipulates the source records for entries on the DD Form 214 are the Enlisted Records Brief and documents on file in the OMPF.  It states for:

* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 18, 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)"

8.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal (ICM) 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.  During his service in Kuwait/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)

9.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.  

DISCUSSION AND CONCLUSIONS:

1.  DFAS confirmed the applicant served in Kuwait/Iraq during the period 1 April 2003 through 14 September 2003 for a period of 5 months, and 14 days.  


Therefore, items 12f and item 18 of his DD Form 214 should be corrected accordingly.

2.  Permanent orders awarded him the ARCOM for meritorious service during the period 5 September 2000 to 4 September 2003.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The applicant served in Kuwait/Iraq during two campaign periods.  Therefore, his DD Form 214 should be corrected to show the ICM with two bronze service medals.

4.  The applicant also met the criteria for award of the GWOTSM.

BOARD VOTE:

___x____  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.  deleting from item 12f of his DD Form 214 the current entry and replacing it with the entry "0000  05  14”;

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

* Army Commendation Medal
* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Service Medal


	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT/
IRAQ FROM 20030401 - 20030914."



      ____________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)                                         AR20120003108



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ABCMR Record of Proceedings (cont)                                         AR20120003108



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