BOARD DATE:	  23 October 2012

		DOCKET NUMBER:  AR20120006405 


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 service in Iraq
* an award for his service in Iraq
* the Army Achievement Medal (AAM) he received for his service in Korea

2.  He states he would like to be recognized for the time he served in Iraq.

3.  He provides:

* his DD Form 214
* a Defense Finance and Accounting Service (DFAS) Military Leave and Earnings Statement
* orders
* a DA Form 638 (Recommendation for Award)
* a memorandum, subject: Individual Redeployment Authorization
* a memorandum, subject:  Request Redeployment Due to Expiration Term of Service (ETS)
* a redeployment checklist
* a Supplemental Information Sheet
* his Enlisted Record Brief (ERB)



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 22 January 2001, the applicant enlisted in the Regular Army for a period of 3 years.  After completing initial entry training, he was awarded military occupational specialty 52D (Power Generation Equipment Repairer).  

3.  His record includes an ERB, dated 10 September 2002, showing he was assigned to units in Korea from 16 August 2001 to an unknown date.  On 8 September 2002, he was assigned to the 4th Infantry Division Replacement Detachment, Fort Hood, TX.  

4.  On 21 January 2004, he was honorably released from active duty.  His DD Form 214 shows in:

* item 8a (Last Duty Assignment and Major Command) – Company A, 404th Combat Support Battalion
* item 12f – "0000  11  29"
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* Army Lapel Button
* Army Commendation Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon (OSR)

* item 18 (Remarks) contains no entry indicating he deployed with his unit to Iraq


5.  Records maintained by DFAS show he received hostile fire/imminent danger pay (HF/IDP) and the combat-zone tax exclusion (CZTE) for Kuwait from
30 March through 6 October 2003 (6 months and 7 days).  

6.  Various accounts of the history of the 4th Infantry Division confirm the division entered combat in Iraq in April 2003.  

7.  He provides:  

	a.  Orders 029-10, issued by Headquarters, 4th Infantry Division (Mechanized), Fort Hood, TX, dated 29 January 2003, which directed the 404th Forward Support Battalion to proceed on temporary change of station from Fort Hood, TX, to the Central Command (CENTCOM) area of responsibility (AOR) in support of Operation Enduring Freedom; 

	b.  Orders 087-13, issued by the same headquarters, dated 27 March 2003, which amended Orders 029-10 to change the effective date of the orders to on or about 5 April 2003; 

	c.  a DA Form 638 showing permanent orders announced award of the AAM to him for his service from 16 August 2001 to 16 August 2002; 

	d.  a memorandum, dated 30 September 2003, subject:  Individual Redeployment Authorization, from the Commander, Division Support Command, 4th Infantry Division (Mechanized), Tikrit, Iraq, which authorized the applicant's departure from the CENTCOM AOR not earlier than 10 October 2003 due to his ETS of 22 January 2004; 

	e.  a redeployment checklist which was reviewed and certified on 2 October 2003; and

	f.  a Supplemental Information Sheet indicating his date of departure was to be 10 October 2003.  

8.  He also provides an ERB dated 15 September 2003.  The ERB shows no overseas duty in Section I (Assignment Information).  Section IX (Assignment History) shows he was assigned to Company A, 404th Combat Support Battalion, on 17 September 2002.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  

	a.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for award of the OSR for successful completion of overseas tours.  

	b.  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 Global War on Terrorism Expeditionary Medal (GWOTEM), Afghanistan Campaign Medal (ACM), or Iraq Campaign Medal (ICM).  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.  

	c.  The ICM is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  The AOE 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.  Under no conditions will personnel receive the ICM, the GWOTEM, the GWOTSM, the ACM, or the Armed Forces Expeditionary Medal for the same action, time period, or service.
   
   d.  A bronze service star is authorized for wear with the ICM for participation in each credited campaign.  The applicant's record indicates his service in Iraq coincided with two campaigns:  Liberation of Iraq (19 March 2003-1 May 2003) and Transition of Iraq (2 May 2003-28 June 2004).  
   
   e.  The Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

10.  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 establishes the standardized policy for the preparation of the DD Form 214.  It states for:

   a.  Item 12f, enter the total amount of foreign service completed during the period covered.

   b.  Item 13, list awards and decorations for all periods of service.

	c.  Item 18, for an active duty Soldier deployed with his or her unit during his or her continuous period of active service, enter “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD).”

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record supports the applicant’s request for correction of his DD Form 214 to show his service in Iraq.  

	a.  Although DFAS records indicate he received HF/IDP and CZTE for Kuwait, these records generally show only the point of entry into areas eligible for special pay.  As a member of a unit subordinate to the 4th Infantry Division, it is reasonable to presume he entered Iraq with the division in April 2003.  The available records indicate he was in Iraq in October 2003 when he was redeployed due to his ETS.  

	b.  DFAS records appear to provide the best accounting of the period he served in Kuwait and Iraq.  Accordingly, it would be appropriate to correct item 12f of his DD Form 214 to add the 6 months and 7 days he served in Kuwait and Iraq to the 11 months and 29 days of service in Korea already shown.  The total foreign service that should be entered in item 12f is 1 year, 6 months, and 
6 days.  It would also be appropriate to add an entry in item 18 reflecting his deployment to Kuwait/Iraq.  

2.  The evidence of record shows he completed a qualifying period of service for award of the ICM and his service in Iraq coincided with two campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show the ICM with two bronze service stars.

3.  He completed a period of service in Korea that made him eligible for the KDSM.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  He completed a tour in Korea, making him eligible for the OSR.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  He completed service qualifying for award of the GWOTSM.  Therefore, he is entitled to correction of his DD Form 214 to show this award.  

6.  He was awarded the AAM for his service from 16 August 2001 to 16 August 2002.  Therefore, he is entitled to correction of his DD Form 214 to show this 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 by amending his DD Form 214 as follows:

	a.  deleting the entry in item 12f;

	b.  adding "0001  06  06" to item 12f;

	c.  adding to item 13:

* AAM
* ICM with two bronze service stars
* KDSM
* GWOTSM
* OSR

	d.  adding "SERVICE IN KUWAIT/IRAQ FROM 20030330-20031006" to item 18 of the 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)                                         AR20120006405



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ABCMR Record of Proceedings (cont)                                         AR20120006405



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