IN THE CASE OF:	  

		BOARD DATE:  4 January 2013

		DOCKET NUMBER:  AR20120011282 


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 Kuwait/Iraq.

2.  The applicant states his DD Form 214 does not show his foreign service in Kuwait/Iraq.

3.  The applicant provides:

* DD Form 214
* Certificate of Achievement
* 2 copies of envelopes
* Permanent Orders 059-046

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 5 June 2000.  He completed the training requirements and he was awarded military occupational specialty 77F (Petroleum Supply Specialist).  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 30 November  2003 after completing 3 years, 5 months, and 26 days of active service.  His    DD Form 214 shows he was awarded or authorized:

* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar

4.  Item 12f (Foreign Service) shows he completed 2 months and 23 days of foreign service.

5.  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).  

6.  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 10 April through 16 June 2003.

7.  The applicant provides a copy of Permanent Orders 059-046, issued by Headquarters, XVIII Airborne Corps and Fort Bragg, dated 28 February 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 identified by name on the order.

8.  The applicant provides a copy of a Certificate of Achievement which was presented to him by the commander, 3rd Battalion, 27th Field Artillery Regiment for his support of the 1st Marine Expeditionary Force during Operation Iraqi Freedom for the period 9 April through 1 July 2003, a period of 2 months and    23 days.

9.  A review of the applicant's service record shows no derogatory information in the form of time lost, nonjudicial punishment, or suspension of favorable personnel actions which would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, there are no entries in his record to indicate his commanders denied him award of the Army Good Conduct Medal.

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 Operation Iraqi Freedom.  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)

12.  Army Regulation 600-8-22 states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

13.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal 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 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record is ambiguous with regard to the applicant's actual dates of service in Kuwait/Iraq.

2.  DFAS records indicate the applicant was deployed to Kuwait from 10 April through 16 June 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).

3.  He received a certificate of achievement which shows he supported the        1st Marine Expeditionary Force during Operation Iraqi Freedom for the period      9 April through 1 July 2003, a period of 2 months and 23 days.

4.  The applicant's certificate of achievement is further corroborated by his deployment orders, and 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 9 April to 1 July 2003.  This time period is presumed to more accurately reflect the applicant's time in theater since the period 2 months and 23 days is already resident in item 12f of his DD Form 214.

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.

6.  The evidence of record confirms the applicant served honorably on active duty during the period 5 June 2000 through 30 November 2003.  His record is void of any evidence that shows he had time lost or that he received nonjudicial punishment or court-martial action.  There is also no evidence of a commander's disqualification for award of the Army Good Conduct Medal.  Lacking any derogatory information which would have precluded the applicant from being awarded the Army Good Conduct Medal, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 5 June 2000 through    4 June 2003 and to correct his DD Form 214 to show this award.

7.  The applicant served a qualifying period of service for entitlement to the Global War on Terrorism Service Medal.  Therefore, his DD Form 214 should be corrected 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.  adding the statement "SERVICE IN KUWAIT/IRAQ FROM 20030409-20030701" to item 18 of his DD Form 214; 

   b. awarding him the Army Good Conduct Medal (1st Award) for the period 5 June 2000 through 4 June 2003; and

	c.  adding to his DD Form 214 the:

* Iraq Campaign Medal with two bronze service stars
* Army Good Conduct Medal (1st Award)
* Global War on Terrorism Service Medal 




      _______ _  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)                                         AR20120011282



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ABCMR Record of Proceedings (cont)                                         AR20120011282



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