IN THE CASE OF:	  

		BOARD DATE:	  4 December 2012

		DOCKET NUMBER:  AR20120007408 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he served in Kuwait and Iraq during Operation Enduring Freedom (OEF) and Operation Iraqi Freedom (OIF).

2.  The applicant states, in effect, that he wants his records to reflect he served in support of OEF and OIF.  The applicant further states when he returned from Iraq
he immediately went on terminal leave and his service in Kuwait and Iraq were omitted on his DD Form 214.

3.  He provides:

* his DD Form 214
* a memorandum dated 23 February 2003 from the U.S. Army Air Defense Artillery (ADA) Center and Fort Bliss, TX
* Permanent Orders 115-31, dated 25 April 2003, issued by the 5th Battalion, 52nd ADA, APO NY 09302
* a memorandum dated 27 October 2003 from the 5th Battalion, 52nd ADA, Fort Bliss, TX

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 21 November 1995.  He successfully completed training and was awarded military occupational specialty 14T (Patriot Missile Crewman).

3.  A memorandum dated 23 February 2003 from the U.S. Army ADA Center and Fort Bliss addressed to the Commander, PSS (Finance), shows the applicant's name on a manifest of Soldiers who arrived in Kuwait on 6 February 2003 who were not receiving deployment pay.

4.  Permanent Orders 115-31 dated 25 April 2003 show the applicant was awarded the Army Achievement Medal for meritorious achievement with the 5th Battalion, 52nd ADA for OEF during the period 27 December 2002 through 
17 March 2003.

5.  In a memorandum dated 27 October 2003 from the Operations Officer of the 5th Battalion, 52nd ADA addressed to the U.S. Customs and Border Protection Agency (USCBPA), Subject:  Letter of Recommendation, the author urged the applicant be accepted to a position in the agency.  The author further stated he and the applicant served together in Iraq during a combat tour in OIF in which they were the first Patriot force to reach Bagdad, Iraq.  

6.  On 7 January 2004, he was honorably discharged from active duty after completing 8 years, 1 month, and 7 days of creditable active service.

7.  His DD Form 214 does not show award of the Global War on Terrorism Service Medal (GWOTSM), the Global War on Terrorism Expeditionary Medal (GWOTEM), or the Iraq Campaign Medal.

8.  Item 18 (Remarks) of his DD Form 214 does not show service in Iraq.

9.  On 15 November 2012, the Defense Finance and Accounting Service (DFAS) confirmed he served in a combat zone and received hostile fire pay for the period 5 February 2003 through 8 June 2003 for Kuwait.

10.  Human Resources Command (HRC) Military Awards Branch, issued a Frequently Asked Questions guide of examples to show the status of Soldiers deployed to Southwest Asia for eligibility for the ICM and other awards.  That guide lists "Question:  I deployed originally in support of Operation Enduring Freedom (OEF) on 15 Feb 03 and served in Kuwait waiting for Operation Iraqi Freedom (OIF) to begin.  On 19 Mar 03, my unit moved into Iraq to support OIF.  I served in Iraq from 19 Mar 03 through 30 Dec 03.  I need clarification on whether I am authorized the GWOTEM for the time in Kuwait and the ICM for service in Iraq?  Answer:  You qualify for award of the GWOTEM for the time in support of OEF in Kuwait from 15 Feb 03 to 18 Mar 03.  You qualify for award of the ICM for the period of 19 Mar 03 to 30 Dec 03."

11.  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 standardized policy for the preparation of the DD Form 214.  It states, in pertinent part, that for an active duty Soldier deployed with his or her unit during their continuous period of active service enter "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" in item 18.

12.  Army Regulation 600-8-22 (Military Awards) states the GWOTEM 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.  The general area of eligibility encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  

13.  Army Regulation 600-8-22 states the 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, Afghanistan Campaign Medal, or 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.  

14.  Army Regulation 600-8-22 states individuals authorized the Iraq Campaign Medal must have served in direct support of OIF.  The area of eligibility encompasses all 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.  During the applicant's service in Iraq, he participated in the following two campaigns: 

* Liberation of Iraq 19 March 2003 through 1 May 2003
* Transition of Iraq 2 May 2003 through 28 June 2004

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to correct his military service records to show he served in Kuwait and Iraq during OEF and OIF was carefully considered, and it was determined there is sufficient evidence to support his request.

2.  The evidence provided by DFAS and the Letter of Recommendation provided by the applicant are accepted as sufficient evidence to show he served in Kuwait and Iraq from 5 February 2003 through 8 June 2003.  Therefore, his DD Form 214 should be amended to show "SERVICE IN KUWAIT AND IRAQ --20030205 THROUGH 20030608" in item 18.

3.  Based on DFAS confirmation that the applicant deployed and received hostile fire pay for the period 5 February 2003 through 8 June 2003 he is eligible for award of the GWOTEM for being deployed in support of OEF and the Iraq Campaign Medal with two bronze service stars for being deployed in support of OIF.  He is also authorized the GWOTSM.  These awards should be added to his DD Form 214.

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: 

	a.  adding the following awards to his DD Form 214:

* Iraq Campaign Medal with two bronze service stars 
* GWOTEM
* GWOTSM 
	b.  adding "SERVICE IN KUWAIT AND IRAQ --20030205 THROUGH 20030608" in item 18 of his 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)                                         AR20120007408





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ABCMR Record of Proceedings (cont)                                         AR20120007408



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