IN THE CASE OF:	

		BOARD DATE:	    25 October 2012

		DOCKET NUMBER:  AR20120008295 


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:

* award of 3 Army Commendation Medals
* award of the Iraq Campaign Medal
* his foreign service in Iraq

2.  The applicant states an accurate representation of his awards and service is critical to obtain employment as a veteran.

3.  The applicant provides:

* DD Form 214
* 3 DA Forms 638 (Recommendation for Award)
* Orders 029-011

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 11 August 1999.  He completed the training requirements and he was awarded military occupational specialty 81T (Topographic Analyst).  The highest rank/grade he attained during this period of active service was specialist/E-4.  

3.  The applicant was honorably released from active duty on 20 October 2003 after completing 4 years, 2 months, and 10 days of active service.  His DD Form 214 shows he was awarded or authorized:

* Army Lapel Button
* Army Commendation Medal (2nd award)
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon

4.  Permanent Order Number 33-5, issued by 4th Infantry Division Artillery, Fort Hood, TX, dated 2 February 2001, awarded him the Army Commendation Medal for exceptional achievement while serving as a topographic analyst in the 610th Engineer Detachment.

5.  Permanent Order Number 003-02, issued by 4th Infantry Division Artillery, Fort Hood, TX, dated 3 January 2002, awarded him the Army Commendation Medal for exceptionally meritorious achievement while serving as a topographic analyst during the division's CAPSTONE Exercise II.

6.  Permanent Order Number 235-09, issued by Headquarters, Division Support Command, dated 26 August 2003, awarded him the Army Commendation Medal for exceptional achievement while serving as a topographic analyst in the Division Tactical Assault Command.

7.  The applicant's DD Form 214 does not show he served in Iraq or that he received a campaign medal for deployment to Iraq in item 18 (Remarks).  



8.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed his Master Military Pay Account which shows he received hostile fire pay/imminent danger pay and combat zone tax exclusion for Kuwait from 29 March through 12 July 2003.

9.  The applicant provides a copy of Orders 029-011, issued by Headquarters, 4th Infantry Division (Mechanized), Fort Hood, TX, dated 29 January 2003, which direct personnel to proceed on temporary change of station to the Central Command Area of Responsibility in support of Operation Enduring Freedom.  The document is a group order and the applicant is not identified by name on the order.

10.  Army Regulation 635-5 (Personnel Separations - 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 that for an active duty Soldier deployed 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-YYYMMDD)" in item 18 of the DD Form 214.

11.  Army Regulation 600-8-22 (Military Awards) states 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 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)

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the applicant was awarded three Army Commendation Medals throughout term of service.  Therefore, he is entitled to correction of his DD Form 214 to show these medals.
2.  The evidence of record is ambiguous with regard to the applicant's actual dates of service in Kuwait/Iraq.

3.  DFAS records indicate the applicant was deployed to Kuwait from 29 March through 12 July 2003.  (At the time, he would likely have been processed into the theater of operations through Kuwait, which is likely why DFAS records show he served in that country).

4.  The DFAS information is accepted as sufficient evidence with which to amend item 18 of the applicant's DD Form 214 to show he served a tour of duty in Kuwait/Iraq from 29 March to 12 July 2003.

5.  Based on the applicant's accepted dates of service in Kuwait/Iraq, the applicant participated in two campaigns during his service in Kuwait/Iraq.  Therefore, he is eligible for award of the Iraq Campaign Medal and entitled to two bronze service stars for wear on this medal and 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: 

   a.  deleting the Army Commendation Medal (2nd Award) from his DD Form 214;
   
   b.  adding the Army Commendation Medal (3rd Award) and Iraq Campaign Medal with two bronze service stars to his DD Form 214; and


   c.  adding the statement "SERVICE IN KUWAIT/IRAQ FROM 20030329-20030712" to 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)                                         AR20120008295





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120008295



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1