IN THE CASE OF:

		BOARD DATE:  15 January 2013

		DOCKET NUMBER:  AR20120011342 


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 the dates of his foreign service in Afghanistan and Iraq and any medals or service ribbons awarded for Operations Enduring Freedom and Iraqi Freedom. 

2.  The applicant states that he served in Afghanistan from January to July 2002 and in Iraq from February to August 2003, not from 28 February to 13 July 2003 as shown on his DD Form 214.  He was discharged before being awarded the service ribbons.  He recently applied to join a veterans association and for a State of Ohio bonus program.  For both these applications he needs to show his total foreign service time.

3.  The applicant provides copies of his:

* DD Form 214
* Combat Infantryman Badge orders 
* DA Form 638 (Recommendation for Award), dated 8 April 2002 (Page 1)
* Army Commendation Medal Certificate, dated 10 April 2002
* Army Commendation Medal Certificate, dated 9 July 2002 
* Army Commendation Medal Certificate, dated 15 June 2003
* DA Form 2166-8 (Noncommissioned Officer (NCO) Evaluation Report) 



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.  Following service in the Ohio Army National Guard, the applicant enlisted in the Regular Army on 21 June 2000.  He completed training and was awarded military occupational specialty 11B (Infantryman).

3.  The Defense Finance and Accounting Service (DFAS) verified that the applicant's Master Military Pay Account (MMPA) shows he received hostile fire/imminent danger pay (HF/IDP) from 6 January 2002 through 12 June 2002 for Afghanistan, and from 3 March 2003 through 13 July 2003 for Kuwait.

4.  He was released from active duty on 30 November 2003.  He had completed 3 years, 5 months, and 10 days of net active service for that period.  His DD Form 214 shows in:

	a.  item 12f (Foreign Service) "0000 04 16" (indicating 4 months and 16 days).

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the Army Achievement Medal, Army Commendation Medal (3 Awards), Army Good Conduct Medal, National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Bar, Expert Marksmanship Qualification Badge with Rifle and Grenade Bars, Combat Infantryman Badge, Parachutist Badge, and the Air Assault Badge.

	c.  item 18 (Remarks) "SOLDIER HAS SERVICE IN KUWAIT/IRAQ:  030228-030713."



5.  The applicant provides:

	a.  orders showing he was awarded the Combat Infantryman Badge for the period 2-10 March 2002.

	b.  DA Form 638 showing he was recommended for the Army Commendation Medal for the period 1 March to 15 May 2002.  The proposed citation reads in part that he was recommended for exceptionally meritorious service while assigned to Task Force Rakkasan deployed to Afghanistan in support of Operation Enduring Freedom from 1 March to 15 May 2002.  The certificate showing the award was approved is included.

	c.  a certificate showing he was awarded the Army Commendation Medal for meritorious service while assigned to Headquarters and Headquarters Company 3d Brigade, 101st Airborne Division (Air Assault) deployed to Afghanistan in support of Operation Enduring Freedom.  The period of the award is shown as from 12 December 2002 to 15 February “2002.”

	d.  a certificate showing he was awarded the Army Commendation Medal for exemplary service during combat operations from 19 March 2003 to 1 September 2003 during Operation Iraqi Freedom.  This certificate is dated 15 June 2003, more than 2 months prior to the through date of the award.

	e.  A DA Form 2166-8 for the period March through July 2003 showing he was deployed in support of Operation Iraqi Freedom. 

6.  Army Regulation 600-8-22 (Military Awards) states the:

	a.   Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  The applicant's service in Afghanistan coincides with the Consolidation I Campaign (1 December 2001-30 September 2006).

	b.  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.  The applicant's service in Iraq coincides with the Liberation of Iraq (19 March 2003-1 May 2003) and Transition of Iraq (2 May 2003-28 June 2004) campaigns.

	c.  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.  

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It states for:

	a.  item 12f  enter the total amount of foreign service completed during the period covered in block 12c, and

	b.  item 18 is to be used for Headquarters, Department of the Army, mandatory requirements when a separate block is not available and as a continuation for entries.  For an active duty Soldier deployed with his or her unit, an entry of "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" is to be included.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows he served a qualifying period of service for award of the Global War on Terrorism Service Medal.  

2.  The evidence shows he was deployed to Afghanistan from 6 January 2002 through 12 June 2002 (5 months and 7 days).  Therefore, he is entitled to the Afghanistan Campaign Medal with one bronze service star.

3.  His DD Form 214 shows he was deployed to Iraq from 28 February to 13 July 2003 (4 months and 16 days).  Therefore, he is entitled to the Iraq Campaign Medal with two bronze service stars. 

4.  These awards should be added to his DD Form 214.
5.  Item 12f of his DD Form 214 should be corrected to show he completed 
"00 09 23" (5 months and 7 days in Afghanistan plus 4 months and 16 days in Kuwait/Iraq).

6.  Item 18 of his DD Form 214 should be corrected to show the dates of his service in Afghanistan.

7.  The applicant contends he was deployed to Iraq from February 2003 to August 2003; however, the evidence he provided is conflicting in that his Army Commendation Medal shows a period of service of 19 March 2003 to 
1 September 2003; but the award was approved on 15 June 2003, which is over 2 months prior to the through date.  The DA Form 2166-8 showing he was deployed to Iraq covers the rating period of March through July 2003.

8.  The available evidence does not support changing the dates of his deployed service to Kuwait/Iraq (28 February to 13 July 2003) (4 months and 16 days).

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the entry in item 12f of his DD Form 214 and adding "00 09 23";

	b.  adding to item 13 of his DD Form 214 the:

* Afghanistan Campaign Medal with one bronze service star
* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Service Medal

	c.  adding to item 18 of his DD Form 214 "SERVICE IN AFGHANISTAN 20020106-20030612."
2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the changing the dates of his service in Kuwait/Iraq.



      _______ _  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)                                         AR20100014430



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ABCMR Record of Proceedings (cont)                                         AR20120011342



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