IN THE CASE OF:	  

		BOARD DATE:	  3 January 2013

		DOCKET NUMBER:  AR20120011294 


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 service in Iraq.

2.  The applicant states he deployed to Iraq in April 2003 and served there for approximately 7 months before being honorably discharged.  He would also like any awards due based on this service.

3.  The applicant provides an Army Commendation Medal (ARCOM) Certificate in support of his request.

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 25 January 2000 and was trained in and awarded military occupational specialty 31U (Signal Support Systems Specialist).

3.  The applicant's Army Military Human Resource Record, formerly known as the Official Military Personnel File, contains a certificate that confirms the applicant was awarded the ARCOM for his meritorious achievement while assigned to Task Force 3-66 Armor during Operation Iraqi Freedom during the period 6 April to 1 May 2003.  This award was authorized in Orders 161-39 issued by Headquarters, 1st Brigade, 4th Infantry Division, Fort Hood, Texas, and covered the period 29 March through 1 May 2003.  No other overseas service is documented in the record.

4.  On 24 January 2004, the applicant was honorably released from active duty in the grade of sergeant/E-5 after completing 4 years of active military service.  Item 12f (Foreign Service) of his DD Form 214 shows he completed 6 months and 22 days of overseas service during the period covered by the DD Form 214.

5.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-17 contains guidance for the Iraq Campaign Medal (ICM).  It states the ICM is authorized for 30 consecutive or 60 nonconsecutive days of service in Iraq from 9 March 2003 to 31 December 2011.  A bronze service star is authorized with this award for each campaign a member is credited with participating in while in Iraq.  During the tenure of the applicant's assignment in Iraq, participation credit was granted for the Liberation of Iraq (19 March-1 May 2003) and Transition of Iraq (2 May 2003-28 June 2004) campaigns.

6.  Army Regulation 600-80-22, paragraph 2-19, contains guidance for the Global War on Terrorism Service Medal (GWOTSM).  It states the GWOTSM is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined, having served 30 consecutive or 60 nonconsecutive days are authorized the GWOTSM.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  Chapter 2 contains instructions for preparing the DD Form 214.  The instructions for item 18 (Remarks) state 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-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to document his deployment in support of Operation Iraqi Freedom and to receive all awards authorized based on this service has been carefully considered and found to have merit.

2.  The evidence of record confirms that based on his service and campaign participation in Iraq, the applicant is eligible for the ICM with two bronze service stars.  He is also eligible for the GWOTSM based on his qualifying active duty service in support of the GWOT outside of a designated AOE.  Therefore, it would be appropriate to add these awards to his DD Form 214.

3.  By regulation, the entry "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be included in item 18 of the DD Form 214 for an active duty Soldier deployed with his or her unit during their continuous period of active service.  In this case, the evidence of record confirms the applicant deployed to Iraq as shown by the ARCOM Certificate confirming an achievement award while serving in Iraq.  The record documents no other overseas service and his DD Form 214 confirms 6 months and 22 days of foreign service in item 12f.  As a result, it is reasonable to establish his Iraq service dates as 6 April through 28 October 2003.  Therefore, it would be appropriate to add an entry to item 18 of his DD Form 214 documenting his Iraq service.

BOARD VOTE:

____x___  ___x____  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 amending his DD Form 214 as follows:

	a.  adding award of the ICM with two bronze service stars and GWOTSM and

	b.  adding the entry "SERVICE IN IRAQ FROM 20030406-20031028" to item 18.



      ____________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)                                         AR20120011294



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ABCMR Record of Proceedings (cont)                                         AR20120011294



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