IN THE CASE OF:	  

		BOARD DATE:	  13 December 2012

		DOCKET NUMBER:  AR20120010102 


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 10 October 2003 to show his foreign service time and award of the Combat Infantryman Badge (CIB). 

2.  The applicant states:

* his DD Form 214 does not show any foreign service

*	he served in Macedonia during the period 26 September 1997 to 9 December 1997 and in Iraq beginning 25 January 2003
*	he received an Army Achievement Medal while serving in the ninth rotation of the United Nations Preventive Deployment Force in the former Yugoslav Republic of Macedonia 

* he was awarded the CIB

3.  The applicant provides:

* Permanent Orders Number 9-3, issued by Headquarters, 3d Infantry Division (Mechanized), Fort Stewart, GA, dated 9 January 2003
* Permanent Orders Number 120-04, issued by Headquarters, 1st Brigade Combat Team (Operation Iraqi Freedom (OIF)), 3d Infantry Division (Mechanized) (Forward), dated 30 April 2003


* DD Form 214
* DA Form 638 (Recommendation for Award), page 1, dated 11 December 1997

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 23 July 1996.  He completed training and was awarded military occupational specialty 11B (Infantryman).  The highest rank/grade he attained while on active duty was sergeant/E-5.

3.  The applicant's DA Form 638, dated 11 December 1997, confirms he served in Macedonia.

4.  Permanent Orders Number 9-3, dated 9 January 2003, directed movement of the applicant's unit, Headquarters and Headquarters Company, 1st Brigade, to Kuwait.

5.  Permanent Orders Number 120-04, dated 30 April 2003, show the applicant was awarded the CIB for satisfactory performance of duty while under hostile fire while participating in OIF during the period 21 March 2003 to 15 April 2003.

6.   The applicant's DD Form 214 for the period ending 10 October 2003 shows he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  He completed 7 years,
2 months, and 18 days of creditable active military service during this period of service.  His DD Form 214 shows he was awarded the:

* Army Achievement Medal
* Army Good Conduct Medal


* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Army Lapel Button

7.  On 1 May 2004, while assigned to a troop program unit, the applicant extended his USAR enlistment for a period of 3 years.

8.  Orders Number 05-118-00041, 80th Division Institutional Training, Richmond, VA, dated 28 April 2005, ordered the applicant to active duty in support of OIF.

9.  On 4 October 2005, the applicant was involuntarily discharged with a general under honorable conditions discharge.  He completed 4 months and 27 days of creditable active military service during this enlistment period.  His DD Form 214 shows in:

	a.  item 12f (Foreign Service) the entry "00  00  00);

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

* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Armed Forces Reserve Service Medal with "M" Device
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* CIB

	c.  item 18 (Remarks) no deployment entries.

10.  Coordination with the Defense Finance and Accounting Service (DFAS) shows the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) during the following periods:

* 26 August 1997 through 31 December 1997 for deployment to Macedonia
* 21 January 2003 through 30 March 2003 for deployment to Kuwait

11.  A review of the applicant's DD Form 214 for the period ending 4 October 2005 shows he is entitled to additional awards and decorations.


12.  Department of the Army General Orders Number 2010-22, dated
24 November 2010, awarded the applicant's unit during his period of assignment the Presidential Unit Citation for the period 19 March 2003 to 1 May 2003.

13.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  It states for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214,

	b.  item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).

	c.  item 18, 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 - YYYYMMDD)."

14.  Army Regulation 600-8-22 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 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Records show that during his service in Iraq, the applicant participated in the Liberation of Iraq (19 March 2003 - 1 May 2003) campaign.

	b.  Initial award of the Global War on Terrorism Expeditionary Medal (GWOTEM) was limited to service members deployed abroad in Operation Enduring Freedom and OIF designated specific geographic areas of eligibility (AOE), including Kuwait.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 for the period ending 10 October 2003 to show his foreign service and award of the CIB was carefully considered.

2.  The applicant's pay record shows he received HF/IDP and CZTE for service in Macedonia from 26 August 1997 through 31 December 1997.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 10 October 2003 to show in item 12f he completed 4 months and 5 days of foreign service and in item 18 this deployed service.

3.  The applicant's pay record further shows he received HF/IDP and CZTE for service in Kuwait from 21 January 2003 through 30 March 2003 in support of OIF.  This period qualifies him for award of the Iraq Campaign Medal.  He also participated in one campaign that entitles him to one bronze service star for wear on the Iraq Campaign Medal.  Therefore, item 13 of his DD Form 214 for the period ending 10 October 2003 should be corrected to show this award.  Item 12f should also be corrected to show an additional 2 months and 10 days of foreign service and this deployed service in item 18.

4.  The applicant also served a qualifying period of service in Kuwait prior to
19 March 2003 that entitles him to the GWOTEM.  Therefore, his DD Form 214 for the period ending 10 October 2003 should be corrected to show this award.

5.  Permanent orders awarded the applicant the CIB on 30 April 2003.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 10 October 2003 to show this award.

6.  Further, although orders awarded him the CIB for the period 21 March 2003 to 15 April 2003, his pay record shows his last day of HF/IDP for Kuwait/Iraq was 30 March 2003.  As such, it appears he redeployed from Kuwait/Iraq on
30 March 2003.

7.  General orders awarded the unit to which the applicant was assigned the Presidential Unit Citation.  Therefore, his DD Form 214 for the period ending
10 October 2003 should be corrected to show this unit award.

8.  Since the awards will be listed on his DD Form 214 for the period ending
10 October 2003, but are not listed on his DD Form 214 for the period ending
4 October 2005, his DD Form 214 for the period ending 4 October 2005 should be corrected to also show the:

* Iraq Campaign Medal with one bronze service star
* Global War on Terrorism Expeditionary Medal
* Presidential Unit Citation
9.  In view of the foregoing, the applicant's respective DD Forms 214 should be corrected as recommended below.

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 from item 12f of his DD Form 214 for the period ending
10 October 2003 the current entry and replacing it with the entry "0000  06  10," showing he completed 6 months and 15 days of foreign service in Macedonia and Kuwait/Iraq;

	b.  adding to item 13 of his DD Form 214 for the period ending 10 October 2003 the:

* Iraq Campaign Medal with one bronze service star
* Global War on Terrorism Expeditionary Medal
* Presidential Unit Citation
* Combat Infantryman Badge

	c.  adding to item 18 of his DD Form 214 for the period ending on 10 October 2003 the statements:

* "SERVICE IN MACEDONIA FROM 19970826 - 19971231"
* "SERVICE IN KUWAIT/IRAQ FROM 20030121 - 20030330"

	d.  adding to his DD Form 214 for the period ending 4 October 2005 the:

* Iraq Campaign Medal with one bronze service star

* Global War on Terrorism Expeditionary Medal
* Presidential Unit Citation



      ____________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)                                         AR20120010102



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ABCMR Record of Proceedings (cont)                                         AR20120010102



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