BOARD DATE:	  25 October 2012

		DOCKET NUMBER:  AR20120007100 


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 from February 2003 to February 2004 and from November 2005 to November 2006. 

2.  The applicant states he completed two periods of service Iraq.  

3.  The applicant provides:

* Orders 043-004, dated 12 February 2003, unit temporary change of station (TCS)
* Endorsement, dated 23 September 2003, to Orders 043-004
* Permanent Orders 321-223, dated 17 November 2005

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 records show he enlisted in the Regular Army on 29 August 1985 and he held military occupational specialty 62B (Construction Equipment Repairer).  

3.  He served through multiple reenlistments or extensions, in a variety of stateside and/or overseas assignments, and he attained the rank/grade of sergeant first class (SFC)/E-7.  

4.  He was honorably retired on 31 August 2007 and he was placed on the Retired List in his retired rank/grade of SFC/E-7 on 1 September 2007.  His 
DD Form 214 shows he was credited with completing over 22 years of active service of which 6 years, 1 month, and 11 days is listed as foreign service.  This form also shows in:

* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Bronze Star Medal
* Meritorious Service Medal
* Army Commendation Medal (5th Award)
* Army Achievement Medal (5th Award)
* Joint Meritorious Unit Award
* Army Superior Unit Award
* Army Good Conduct Medal (7th Award)
* National Defense Service Medal with bronze star
* Armed Forces Expeditionary Medal
* Global War on Terrorism Service Medal
* Armed Forces Service Medal
* Humanitarian Service Medal
* Noncommissioned Officer Professional Development Ribbon with Numeral 3
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* NATO Medal
* Driver and Mechanic Badge with Mechanic Bar
* Air Assault Badge

* Item 18 (Remarks) the entry "Service in Bosnia 19970319 - 19971027 and 19990903 - 20000303"
5.  He submitted:

	a.  Orders 043-004, issued by Headquarters, I Corps and Fort Lewis, Fort Lewis, WA, on 12 February 2003, ordered the 542nd Maintenance Company on a TCS move to the U.S. Army Central Command Area of Responsibility on or about 25 February 2003. 

	b.  An endorsement, dated 23 September 2003, shows the effective date of deployment as 9 April 2003 and the purpose as "in support of Operation Iraqi Freedom."

	c.  Permanent Orders 321-223, issued by Headquarters, I Corps and Fort Lewis, Fort Lewis, WA, on 17 November 2005, ordered the 542nd Maintenance Company on a TCS move to Iraq on or about 18 November 2005. 

6.  An email, dated 1 May 2012 from the Defense Finance and Accounting Service, Indianapolis, IN, confirms he received hazardous fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 11 April 2003 to 6 April 2004 and 19 November 2005 to 5 November 2006.

7.  His records contain:

	a.  Permanent Orders Number 226-19, issued on 14 August 2003, by Headquarters, 16th Support Group, awarded him the Army Commendation Medal for service during Operation Iraqi Freedom from 11 April to 31 July 2003. 

	b.  Permanent Orders Number 323-007, issued on 19 November 2006, by Headquarters, 3rd Corps Support Command, awarded him the Bronze Star Medal for service during Operation Iraqi Freedom from 20 November 2005 to 19 November 2006. 

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of 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; and in item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) From YYYYMMDD - YYYYMMDD)."

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

	a.  The Iraq Campaign Medal is awarded to members who served in direct support of OIF.  The area of eligibility (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 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 2010-31 December 2011)

	b.  The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the AOE or meet other specified criteria.  Initial award was limited to service members deployed abroad in Operation Enduring Freedom and OIF in a number of designated specific geographic AOE's, including Kuwait and Iraq.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he served in Iraq from February 2003 to February 2004.  However, his pay record show he received HF/IDP and CZTE for service in Kuwait from 11 April 2003 to 6 April 2004 and the certificate that awarded him the Army Commendation Medal in August 2003 also shows his dates of service began on 11 April 2003.  There is insufficient evidence to show he began his service in February 2003.  However, he remains entitled to correction of his
DD Form 214 to show he served in Kuwait/Iraq from 11 April 2003 to 6 April 2004.  

2.  Additionally, this period of service qualifies him for award of the Global War on Terrorism Expeditionary Medal and correction of his DD Form 214 to show this award. 


3.  He also contends he served in Iraq from November 2005 to November 2006 This period of service is consistent with his pay record which shows he received HF/IDP and CZTE for service in Kuwait from 19 November 2005 to 5 November 2006 and the certificate that awarded him the Bronze Star Medal in November 2006.  Therefore, he is entitled to correction of his DD Form 214 to show he served in Kuwait/Iraq from 19 November 2005 to 5 November 2006.  

4.  Additionally, this period of service qualifies him for award of the Iraq Campaign Medal with a bronze service star (to designate his campaign participation in the National Resolution campaign) and correction of his 
DD Form 214 to show this award. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x__  ___x_____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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:

* adding to item 13 of his DD Form 214 the Global War on Terrorism Expeditionary Medal and the Iraq Campaign Medal with one bronze service star
* adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT/IRAQ FROM 20030411 – 20030406 and 20051119 – 20061105"

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 his service in Iraq from February 2003 to February 2004. 



      _______ _  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)                                         AR20120007100





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ABCMR Record of Proceedings (cont)                                         AR20120007100



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