BOARD DATE:	  8 November 2012

		DOCKET NUMBER:  AR20120008646 


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) for the period ending 1 November 2003 to show his foreign service in Iraq and Kosovo.

2.  The applicant states he served in Iraq with 1st Battalion, 39th Artillery Regiment and in Kosovo with the 82d Engineer Battalion.  He desires his foreign service to be reflected in his record.

3.  The applicant provides a copy:

* a memorandum from his battalion commander, Headquarters, 82nd Engineer Battalion, Task Force Falcon, Camp Bondsteel, dated 17 March 2000
* a Service Member Deployment History – Outprocessing Verification, dated 21 October 2003

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 was serving as a track vehicle mechanic in the Florida Army National Guard (FLARNG) when he was honorably discharged on 7 April 1998 to enlist in the Regular Army.

3.  He enlisted in the Regular Army on 8 April 1998 for a period of 3 years and assignment to Europe.  He was transferred to Germany on 19 April 1998 for assignment to the 82d Engineer Battalion.

4.  The applicant deployed to Camp Bondsteel, Kosovo in support of Task Force Falcon with his unit on 2 December 1999.  On 24 February 2000, Permanent Orders Number 55-02, issued by the Commander, 82d Engineer Battalion awarded him the Army Achievement Medal (AAM) for meritorious service in Kosovo.  He departed Kosovo on 19 March 2000 and was returned to his unit in Germany.

5.  He departed Germany on 18 April 2000 for assignment to Fort Lewis, WA.  On 16 June 2000, he reenlisted for a period of 3 years and training as a medical specialist.

6.  The applicant completed his training as a medical specialist and he was transferred to Fort Stewart, GA for assignment to 1st Battalion, 39th Field Artillery Regiment.

7.  He deployed to Iraq on 6 August 2002 and he remained in Iraq until 4 June 2003 when he was returned to Fort Stewart.  On 14 August 2003, Permanent Orders Number 226-023, issued by Headquarters, 1st Battalion, 39th Field Artillery Regiment awarded the applicant the AAM for meritorious achievement as a medic during a mass casualty operation in Iraq on 3 April 2003.

8.  On 1 November 2003, he was honorably discharged at Fort Stewart upon completion of required active service.  The DD Form 214 he was issued at the time shows in:

	a.  item 12f (Foreign Service) the entry "0000  00  00," indicating no foreign service;


	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Good Conduct Medal (2d award)
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon

	c.  item 18 (Remarks) no deployment entries.

9.  The applicant's record shows he served a 2-year tour in Germany from
19 April 1998 through 18 April 2000.  During this period he deployed to Kosovo from 2 December 1999 to 19 March 2000 for a period of 3 months and 18 days.  He subsequently deployed to Iraq from 6 August 2002 to 4 June 2003 for a period of 10 months.

10.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  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, 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.

	b.  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 designated operations, including Operation Allied Force
(24 March 1999 through 10 June 1999) AOE.  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 operation's AOE or meet one or more of several other, specified 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.  The 30 consecutive or 60 nonconsecutive days that began during the Air Campaign (began on 24 March 1999 and ended on 10 June 1999) and continued into the Defense Campaign (began on 11 June 1999 to a date to be determined) entitles a member to only one bronze service star.

	c.  the Iraq Campaign Medal 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 Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 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)

	d.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army are eligible for the award for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

11.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that for:

* item 12f, enter the amount of foreign service served during the period covered by the DD Form 214
* item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22
* item 18, for an active duty Soldier deployed to a foreign country 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 - YYYYMMDD)"


DISCUSSION AND CONCLUSIONS:

1.  The applicant served a 2-year tour in Germany from 19 April 1998 through
18 April 2000.  During this period he deployed to Kosovo from 2 December 1999 to 19 March 2000.  He subsequently deployed to Iraq from 6 August 2002 to
4 June 2003, a period of 10 months.  Accordingly, his DD Form 214 for the period ending 1 November 2003 should be corrected to appropriately show his total of 2 years and 10 months of foreign service and the location and period of his two deployments.

2.  The applicant was awarded two awards of the AAM; therefore, his DD Form 214 should be corrected to show these awards.

3.  The applicant also completed two qualifying overseas tours.  Therefore, he is entitled to the Overseas Service Ribbon with numeral 2 and correction of his
DD Form 214 to show these awards.

4.  Additionally, he served during a qualifying period for entitlement to the GWOTSM, the Kosovo Campaign Medal with one bronze service star, and the Iraq Campaign Medal with two bronze service stars.  Therefore, his DD Form 214 for the period ending 1 November 2003 should be corrected to show these awards.

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:

* Deleting from item 12f of his DD 214 for the period ending 1 November 2003 the current entry and replacing it with the entry "0002  10  00"


* Deleting from item 13 of his DD Form 214 for the period ending
1 November 2003 the Overseas Service Ribbon
* Adding to item 13 of his DD Form 214 for the period ending 1 November 2003 the:

* Army Achievement Medal (2nd Award)
* Kosovo Campaign Medal with one bronze service star
* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Service Medal
* Overseas Service Ribbon with numeral 2

* Adding to item 18 of his DD form 214 for the period ending 1 November 2003 the entries "SERVICE IN KOSOVO FROM 19991202 - 20000319" AND "SERVICE IN IRAQ FROM 20020806 - 20030604"



      ___________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)                                         AR20120008646



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ABCMR Record of Proceedings (cont)                                         AR20120008646



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