IN THE CASE OF:	  

		BOARD DATE:  8 November 2012

		DOCKET NUMBER:  AR20120005476 


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 deployment dates in 2002-2003 and to add the Presidential Unit Citation (PUC).

2.  The applicant states his first deployment to Kuwait/Iraq was from 28 August 2002 to 28 February 2003.  This deployment was extended to 28 August 2003.  However, it is not shown on his DD Form 214.  His unit was awarded the PUC in 2005 for service in 2003, but it is not shown on his DD Form 214.

3.  The applicant provides copies of:

* DD Form 214 (Member Copy 1 and Service Copy 8)
* Marine Administrative (MARADMIN) 609/05, dated 20 December 2005
* Soldier Deployment History Outprocessing Report), dated 5 March 2007
* fragmentary orders, dated 19 August 2002
* U.S. Army Human Resources Command Military Awards Branch Unit Awards Listing

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.  On 10 January 2002, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 74D (Chemical Operations Specialist).  He was subsequently assigned for duty with the 101st Chemical Decontamination Company, Fort Bragg, NC.

3.  MARADMIN, dated 20 December 2005, announced the 101st Chemical Company was added to the list of eligible units for award of the PUC for the period 21 March to 24 April 2003.

4.  The applicant's report of deployment history, dated 5 March 2007, indicates he was deployed as follows:

* period – 28 August 2002-28 February 2003

* category – mission support
* purpose – not applicable
* location – non U.S. worldwide

* period – 24 October 2005-24 October 2006

* category – named operation
* purpose – war
* location – non U.S. worldwide

5.  Defense Finance and Accounting Service (DFAS) records show the applicant received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait as follows:

* 1 September 2002-23 June 2003
* 24 October 2005-22 October 2006

6.  On 26 January 2007, the applicant was released from active duty.  His unit of assignment at that time was the 101st Chemical Decontamination Company.  His DD Form 214 shows:

* item 12f (Foreign Service) – 1 year, 0 months, 1 day
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) –

* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon

* item 18 (Remarks) –

* no data pertaining to his deployment in 2002-2003
* deployed in support of Operation Iraqi Freedom (Kuwait) from 24 October 2005-24 October 2006

7.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom.  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 to 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-to 31 December 2011)

8.  Army Regulation 600-8-22 further states the PUC is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

9.  A list of recently approved unit awards published by the U.S. Army Human Resources Command Military Awards Branch shows the 101st Chemical Company was awarded the Meritorious Unit Commendation (MUC) for the period 8 January to 12 July 2003.

10.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including 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 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 contends that his DD Form 214 should be corrected to show award of the PUC and his period of deployment in Kuwait/Iraq from 28 August 2002 to 28 August 2003.

2.  The available evidence clearly shows the applicant's unit was awarded the PUC for extraordinary heroism in action.  Therefore, it is reasonable to presume he served in both Kuwait and Iraq during his periods of deployments.  As a result, this unit award should be shown on his DD Form 214.

3.  Records show the applicant's unit was awarded the MUC.  Therefore, this unit award should be shown on his DD Form 214.

4.  DFAS records show the applicant served in Kuwait from 1 September 2002 to 23 June 2003 (9 months and 23 days) and from 24 October 2005 to 22 October 2006 (11 months and 29 days).  These two deployments total (1 year, 9 months, and 22 days).  His DD Form 214 reports that he was deployed an additional 2 days until 24 October 2006.  As a matter of equity and not to make him worse off than before coming to this Board, his DD Form 214 should be corrected to show his total foreign service as 1 year, 9 months, and 24 days.

5.  The applicant's service in 2005 and 2006 qualified him for award of the Iraq Campaign Medal with two bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

6.  Based on his service in Kuwait/Iraq, his DD Form 214 should be corrected to show the statement "SERVICE IN KUWAIT/IRAQ FROM 20020901-20030623."

7.  The applicant's contention that he served in Kuwait/Iraq from 24 June to 28 August 2003 is not supported by the available evidence.  Therefore, that portion of his request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X __  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

	a.  adding the entry "0001  09  24" to item 12f of his DD Form 214;

	b.  adding the Iraq Campaign Medal with two bronze service stars, Presidential Unit Citation, and Meritorious Unit Commendation to item 13 of his DD Form 214; and

	c.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20020901-20030623" to item 18 of his DD Form 214.

2.  The Board further determined 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 showing he served in Kuwait/Iraq from 24 June to 28 August 2003.



      _______ _   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)                                         AR20120005476



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ABCMR Record of Proceedings (cont)                                         AR20120005476



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