BOARD DATE:	  4 January 2013

		DOCKET NUMBER:  AR20120010243 


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:

* foreign service in item 12f (Foreign Service)
* deployed service in item 18 (Remarks)

2.  The applicant states:

* he wants his deployments overseas shown on his DD Form 214
* he is having difficulty applying for Government jobs because of the lack of information on his DD Form 214

3.  The applicant provides:

* Service Member Deployment History Outprocessing Verification Sheet for the period 1 March 2001 through 9 March 2004
* DD Form 214

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 U.S. Army Reserve Delayed Entry Program (DEP) for 8 years on 17 August 2001.  On 13 September 2001, he was discharged from the DEP and enlisted in the Regular Army for 5 years on 14 August September 2001.  He completed training and was awarded military occupational specialty 19K (M1 Armor Crewman).  The highest rank/grade he attained while on active duty was specialist/E-4.

3.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows the entry "0000  11  19."

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows award of the following:

* Army Commendation Medal
* Army Achievement Medal
* Presidential Unit Citation
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon

5.  An email from the Defense Finance and Accounting Service, dated 18 July  2012, confirms his Master Military Pay Account (MMPA) shows he received hazardous fire pay (HFP)/imminent danger pay (IDP) and combat zone tax exclusion (CZTE) for service in Kuwait for the following periods:

* 17 May 2002 through 25 November 2002
* 5 January 2003 through 3 July 2003

6.  On 5 April 2004, the applicant was honorably discharged due to a disability with severance pay.  He completed 2 years, 6 months, and 22 days of creditable active military service

7.  A review of the applicant's records shows he is entitled to additional awards and decorations.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states for:

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

	b.  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 YYYYMMDD-YYYYMMDD)."

9.  Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Expeditionary Medal (GWOTEM) 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 in operations approved by the Secretary of Defense.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic areas of eligibility (AOE), including Kuwait.

10.  Army Regulation 600-8-22 states 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.  

11.  Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi
Freedom (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 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)

12.  According to the Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his deployment history and foreign service credit was carefully considered and determined to have merit.

2.  The applicant's MMPA confirms he was deployed on two occasions to Kuwait during the periods 17 May 2002 through 25 November 2002 and 5 January 2003 through 3 July 2003; therefore, he is entitled to correction of his DD Form 214 to show this foreign service and deployment history.  His total foreign service should show in item 12f completion of 1 year and 8 days vice 11 months and 19 days.

3.  The applicant served a qualifying period of service for award of the Iraq Campaign Medal.  Further, his service coincided with two campaigns, the Liberation of Iraq and the Transition of Iraq; therefore, he is entitled to award of the Iraq Campaign Medal with two bronze service stars.

4.  The applicant served a qualifying period of service for award of the following and; therefore, is entitled to correction of his DD Form 214 to show these awards: 

* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal

5.  The applicant served a qualifying period of service for award of the Overseas Service Ribbon; therefore, he is entitled to 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 current entry from item 12f of his DD Form 214 and replacing it with the entry "0001  00  08"
   
b.  adding the following to item 13 of his DD Form 214:

*	Iraq Campaign Medal with two bronze service stars
*	Global War on Terrorism Expeditionary Medal
*	Global War on Terrorism Service Medal
*	Overseas Service Ribbon

c.  adding to item 18 of his DD Form 214:

*	"SERVICE IN KUWAIT FROM 20020517-20021125
*	"SERVICE IN KUWAIT/IRAQ FROM 20030105-20030703"




      _______ _   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)                                         AR20120010243



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ABCMR Record of Proceedings (cont)                                         AR20120010243



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