IN THE CASE OF:	  

		BOARD DATE:	  8 November 2012

		DOCKET NUMBER:  AR20120008051 


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 to Iraq from 28 March 2004 to 19 July 2004
* award of the Iraq Campaign Medal

2.  The applicant states he deployed to Iraq in support of Operation Iraqi Freedom (OIF) on the listed dates. 

3.  The applicant provides:

* DD Forms 214, ending on 22 January 2008 and 19 March 2002
* Healthcare history printout
* Two certificates of appreciation

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 16 August 1995 and he held military occupational specialty 12B (Combat Engineer).  He also served through two reenlistments.

3.  He served in Germany from 27 October 1998 to on or about 26 November 2001 and he attained the rank/grade of specialist/E- 4.  He also deployed to Kosovo during this period of service.

4.  He was honorably released from active duty on 19 March 2002 and he was transferred to the U.S. Army Reserve.  His DD Form 214 for this period of service shows in:

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

* Army Achievement Medal (2nd Award)
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* NATO Medal
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Lapel Button
* Kosovo Campaign Medal

* Item 18 (Remarks) - "Service in Kosovo 19990606 - 19991219"

5.  He enlisted in the Regular Army on 23 January 2004 and he held MOS 88M (Motor Transport Operator).  

6.  He was honorably discharged from active duty on 22 January 2008 by reason of completing his required service.  His DD Form 214 shows in:

* Item 12f (Foreign Service) - the entry "0000  00  00"
* Item 13 - the:

* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal
* 
National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* U.S. Army Recruiter Badge

* Item 18 - no entry pertaining to combat service in Kuwait or Iraq

7.  Permanent Order 011-03, issued by Headquarters, 5th Recruiting Brigade, Fort Sam Houston, TX, on 11 January 2008, awarded him the Army Commendation Medal for service from 5 February 2004 to 16 November 2007.

8.  An email, dated 31 May 2012, from the Defense Finance and Accounting Service, Indianapolis, IN, confirmed the applicant received hazardous fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) as follows:

* 10 December 2002 to 9 December 2003 for Qatar
* 28 March 2004 to 9 July 2004 for Kuwait

9.  He provides:

   a.  A healthcare history printout that lists his service from 28 March to 19 July 2004 in support of Operation Enduring Freedom.   It also lists the following combat pay details:  1 June 1999 to 31 December 1999 (MK - Macedonia); 1 April to 31 May 2000 (MK); and 1 April to 31 December 2000 (KU - Kuwait).

	b.  A certificate of achievement, dated 21 May 2004, for meritorious service in support of OIF II, with the 233rd Transportation Company 

	c.  A second undated certificate of achievement for contributions to the 233rd Transportation Company during OIF II. 

10.  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 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 a future date to be determined by the Secretary of Defense or the cessation of OIF.  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)

	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 the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) 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.  The Secretary of Defense, when recommended by the Chairman, Joint Chiefs of Staff, will designate the specific AOE per qualifying operation.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the Global War on Terrorism Expeditionary Medal.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria including:  (1) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE; or (2), is killed, wounded, or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time.) 

	c.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement or period of service.  

	d.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility 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 Global War on Terrorism Service Medal.

	e.  the Kosovo Campaign Medal is awarded to members of the Armed Forces of the United States who, after 24 March 1999, participated in or served in direct support of various operations.  Service members must be bona fide members of a unit participating in or be engaged in direct support of the operation for 30 consecutive days in the AOE or for 60 nonconsecutive days provided this support involves entering the operations AOE or meet one or more of several criteria.  One bronze service star will be worn for participation in each campaign (Kosovo Air Campaign and Kosovo Defense Campaign).  Qualification for a second bronze service star requires meeting the criteria for both campaigns.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Army Commendation Medal.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 22 January 2008 to show this award.

2.  The applicant's pay records show he received HF/IDP for service in Qatar from 10 December 2002 to 9 December 2003.  This period should qualify him for award of the Global War on Terrorism Expeditionary Medal and correction of his DD Form 214 to show it. 

3.  The applicant's pay records also show he received HF/IDP for service in Kuwait from 28 March 2004 to 9 July 2004.  The certificates he provides show he also served in Iraq in support of OIF during this period.  Therefore:

	a.  His DD Form 214 for the period ending on 22 January 2008 should be corrected to show completion of 3 months and 15 days of foreign service in item 12f and his combat service in item 18. 

	b.  This period of service also qualifies him for award of the Iraq Campaign Medal.  Additionally, although his exact dates of service in Iraq are unknown, he participated in at least one campaign and should be entitled to a bronze service star to be worn with the Iraq Campaign Medal and correction of his DD Form 214 to show this award.

4.  The applicant was previously awarded the Kosovo Campaign Medal.  He also participated in one campaign during his service in Kosovo.  Therefore, he is entitled to a bronze service to be worn with the Kosovo Campaign Medal and correction of his DD Form 214 to show this award.

5.  The applicant was previously awarded the below awards.  They are listed on his first DD Form 214 ending on 19 March 2002 but not the second DD Form 214 ending on 22 January 2008.  As a matter of clarity, they should be listed on the second DD Form 214: 

* Overseas Service Ribbon
* NATO Medal
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Lapel Button

4.  He completed 7 months and 24 days of foreign service in Kuwait and Iraq (Kuwait, from 21 November 2002 to 1 May 2003 and Iraq, from 1 May 2003 to 14 July 2003).  This period of foreign service does not qualify him for award of the Overseas Service Ribbon.  However, he was previously awarded the Overseas Service Ribbon as well as the Armed Forces Service Medal but neither award is shown on his last DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 9 August 2003 to show both awards.

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:

* deleting from item 12f of his DD Form 214 ending on 22 January 2008 the entry "0000  00  00" And adding the entry "0000 03  15"
* adding to item 13 of his DD Form 214 ending on 22 January 2008 the:

* Army Commendation Medal
* Iraq Campaign Medal with a bronze service star
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Overseas Service Ribbon
* NATO Medal
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Lapel Button
* Kosovo Campaign Medal with a bronze service star
* Expert Marksmanship Qualification Badge with Grenade Bar



      ____________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)                                         AR20120008051





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