IN THE CASE OF:	  

		BOARD DATE:	  5 February 2013

		DOCKET NUMBER:  AR20120013598 


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 the periods of deployed service in support of Operation Iraqi Freedom (OIF) and Operation Enduring Freedom (OEF) shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  He states he served in OEF from 23 January 2002-6 August 2002 and OIF from 24 March 2003-14 August 2003. 

3.  He provides:

* DD Form 2266 (Hometown News Release) 
* Three DD Forms 2796 (Post-Deployment Health Assessment)
* North Atlantic Treaty Organization (NATO) Orders 052-062
* Headquarters, XVIII Airborne Corps, Permanent Orders 052-062
* Headquarters, XVIII Airborne Corps, Permanent Orders 008-021
* Memorandum for Record
* Army Achievement Medal (AAM) documents
* Army Commendation Medal (ARCOM) documents
* Certificate of Training
* Certificate of Appreciation
* Certificate of Participation
* Headquarters, 553rd Corps Support Battalion memorandum
* His 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.  His military records show he enlisted in the Regular Army on 22 August 2000.  He completed training and was awarded the military occupational specialty of 57E (laundry and bath specialist).

3.  He submits:

	a.  Headquarters, XVIII Airborne Corps, Permanent Orders 008-021, dated 8 January 2002, showing the 259th Field Services Company was to deploy to Central Command (CENTCOM) in a temporary change of station status for approximately 179 days in support of OEF effective 31 January 2002.  His name is included on the list attached to these orders. 

	b.  A Certificate of Participation for service in support of OEF while deployed to Southwest Asia for the period January-July 2002.

	c.  A DD Form 2796 showing he arrived in theater (Pakistan) in support of OEF on 23 January 2002 and he departed from the theater on 6 August 2002.

	d.  NATO Orders 052-062 showing the 259th Field Services Company was scheduled to travel to the CENTCOM Area of Responsibility (AOR) with an expected date of departure of 28 February 2003 and expected date of return of 28 August 2003.  His name is included on the list attached to these orders.

	e.  Headquarters, XVIII Airborne Corps Permanent Orders 052-062, dated 21 February 2003, show the 259th Field Services Company was directed to a temporary change of station to CENTCOM effective 28 February 2003.

	f.  ARCOM documents for meritorious service during OIF for the period 
20 March-30 April 2003.
	g.  A DD Form 2796 showing he arrived in theater in support of OIF on 9 March 2003 and departed on 14 August 2003.  This form further shows he was in Kuwait from on or about 9-23 March 2003 and in Iraq beginning on 24 March 2003. 

4.  His DD Form 214 shows he was honorably released from active duty on 20 December 2003 due to completion of required active service in the rank of specialist/E4 and transferred to the USAR Control Group (Reinforcement).  He completed 3 years, 3 months, and 29 days of creditable active service.  

5.  His DD Form 214 shows 1 month and 21 days of foreign service in item 12f (Foreign Service).  This form shows in item 18 (Remarks) that he served in Afghanistan in support of OEF during the period from 29 April 2001 to 8 May 2001 and in Iraq in support of OIF during the period 20 March 2003-30 April 2003.

6.  His DD Form 214 shows his awards of the ARCOM, AAM, National Defense Service Medal, Army Service Ribbon, and Expert Marksmanship Qualification Badge with Rifle Bar.

7.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) confirmed through the Soldier's Master Military Pay Account he received Hostile Fire Pay/Imminent Danger Pay and Combat Zone Tax Exclusion from 10 March-14 August 2003 for Kuwait.

8.  Army Regulation 600-8-22 (Military Awards) 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 GWOT operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal (GWOTEM), 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.  

9.  Army Regulation 600-8-22 states the GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the GWOT operations on or after 11 September 2001 to a date to be determined.  This regulation states initial award of the GWOTEM was limited to service members deployed abroad in OEF and OIF in designated specific geographic AOE.  It further states service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive 


days or 60 nonconsecutive days in the AOE, to include Pakistan, or meet other, specified criteria. 

10.  Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who have 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 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)

11.  Army Regulation 635-5 (Separation Documents) states a DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty service.  It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge.  It states to enter in block 12f the total amount of foreign service completed during the period covered in block 12c (Net Active Service This Period).  It further prescribes that for an active duty Soldier deployed to a foreign country 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)" in item 18.

DISCUSSION AND CONCLUSIONS:

1.  He contends he served in support of OEF during the period 23 January 2002-
6 August 2002.  His name is included on the list attached to the orders he submits showing he was scheduled for a temporary change of station tour in the CENTCOM AOR for a period of 179 days effective 31 January 2002.  A DD Form 2796 shows he arrived in Pakistan in support of OEF on 23 January 2002 and he departed from the theater on 6 August 2002.  He received a Certificate of Participation for service in support of OEF while deployed to Southwest Asia for the period of January-July 2002.  It is not possible to determine whether he served in any location other than Pakistan during this period of time and if so, for what period of time.  However, there is sufficient evidence to support correcting his records to show he served in Pakistan from 31 January-6 August 2002.  As such, it would be appropriate at this time to amend item 18 of his DD Form 214 by adding the statement, "SERVICE IN PAKISTAN FROM 20020131-20020806."

2.  He further contends he served in support of OIF during the period 24 March 2003-14 August 2003.  DFAS records show he received Hostile Fire Pay/Imminent Danger Pay and Combat Zone Tax Exclusion during the period 10 March-14 August 2003 for Kuwait.  His name is included on the list attached to orders he submits, showing his unit was scheduled to depart to the CENTCOM AOR on or about 28 February 2003 and expected to return on or about 28 August 2003.  He received an ARCOM for meritorious service during OIF for the period 20 March-30 April 2003.  A DD Form 2796 shows he arrived in Kuwait on 9 March 2003 in support of OIF, arrived in Iraq on 24 March 2003, and departed from the CENTCOM AOR on 14 August 2003.  As such, the preponderance of evidence shows he is entitled to correction of his DD Form 214 by amending the annotation, "SERVICE IN OPERATION IRAQI FREEDOM (IRAQ) FROM 20030320 TO 20030430" to read, "SERVICE IN KUWAIT AND IRAQ FROM 20030309-20030814."

3.  As related matters:

	a.  There is sufficient evidence to show he completed qualifying service for award of the GWOTSM and GWOTEM.  Therefore, it would be appropriate to add these medals to his DD Form 214.

	b.  There is sufficient evidence to show he completed qualifying service for award of the Iraq Campaign Medal and that he participated in two campaigns.  As such, he is entitled to have the Iraq Campaign Medal with two bronze service stars added to his DD Form 214.

	c.  Based on the recommended corrections in paragraphs 1 and 2 above showing he served 6 months and 7 days in Pakistan in support of OEF and 5 months and 5 days in Iraq and Kuwait in support of OIF, it would be appropriate to amend item 12f of his DD Form 214 by showing 11 months and 12 days of foreign service.

4.  In view of the foregoing, he is entitled to have his records corrected as shown below.


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 was 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 amending his DD Form 214 by:

	a.  deleting the current entry in item 12f;

	b.  adding to item 12f, 11 months and 12 days of foreign service;

	c.  adding to item 13 the GWOTSM, GWOTEM, and Iraq Campaign Medal with two bronze service stars;

	d.  deleting from item 18, "SERVICE IN OPERATION IRAQI FREEDOM (IRAQ) FROM 20030320 TO 20030430";

	e.  adding to item 18, "SERVICE IN PAKISTAN FROM 20020131-20020806"; and

	f.  adding to item 18, "SERVICE IN KUWAIT AND IRAQ FROM 20030309-20030814."

2.  The Board further determined the evidence presented is 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 showing he deployed in support of OEF from 23 January 2002-6 August 2002.

      _______ _   __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)                                         AR20120013598



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ABCMR Record of Proceedings (cont)                                         AR20120013598



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