BOARD DATE:	  23 May 2013

		DOCKET NUMBER:  AR20120019288 


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 add the Bronze Star Medal and all awards to which he may be entitled to as a result of his service in Iraq.

2.  The applicant states he served in the "Iraq War" from 31 March 2003 to 
10 August 2003.  The Bronze Star Medal and awards based on his service in Iraq were not listed on his DD Form 214.

3.  The applicant provides a DA Form 638 (Recommendation for Award), dated 
3 June 2003, and 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.  After having had previous enlisted service, the applicant was appointed as a U.S. Army Reserve commissioned officer on 4 May 1997.  He entered active duty on 19 May 1967.  He served in specialty 74A (Chemical General) and attained the rank/grade of captain/O-3.

3.  His officer evaluation report (OER) for the period 16 October 2002 through 
7 July 2003 shows he was assigned to Headquarters and Headquarters Detachment (HHD), 2nd Chemical Battalion, Fort Hood, TX.  

* Training Soldiers Supporting U.S. Army V Corps, during Operation Iraqi Freedom
* He was a key member of his battalion’s advanced party from the continental United States (CONUS) to Kuwait
* He processed Soldiers and equipment enroute to Iraq
* He relentlessly pursued supplies throughout Kuwait and Central Iraq

4.  His OER for the period 8 July 2003 through 30 April 2004 shows he was assigned to HHD, 2nd Chemical Battalion, Fort Hood, TX.  

* He was responsible for deployment preparation for Soldiers deploying to Korea, Kuwait, and the Iraq Theater of Operations
* His duty performance was flawless throughout the Operation Iraqi Freedom redeployment and recovery operations

5.  He was honorably released from active duty on 30 April 2004 after completing 6 years, 11 months, and 30 days of net active service, 1 year, 5 months, and
7 days of which was credited as foreign service.  His DD Form 214 shows in:

	a.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Lapel Button
* Army Commendation Medal (2nd Award)
* Army Achievement Medal (2nd Award)
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon

	b.  item 18 (Remarks) contains the entry "Service in Southwest Asia 20030330 – 20030810."

6.  An email from the Defense Finance and Accounting Service (DFAS), dated 
14 May 2013, shows he received hazardous fire pay/imminent danger pay and combat zone tax exclusion from 31 March 2003 to 10 August 2003 for service in Kuwait.

7.  He provided a DA Form 638, dated 3 June 2003, which shows he was assigned to HHD, 2nd Chemical Battalion, and was recommended for award of the Bronze Star Medal.  

	a.  The award recommendation shows he was responsible for the battalion main and assault command posts for a period of 21 days.  One post was located in Kuwait and the other in Iraq.

   b.  Headquarters, V Corps, Heidelberg, Germany, approved this award on 
8 May 2003, and accordingly issued Permanent Orders (PO) Number 129-1312 authorizing him award of the Bronze Star Medal.

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

	a.  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 (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 Global War on Terrorism Service Medal.  

	b.  the Global War on Terrorism Expeditionary Medal 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.  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, or meet other, specified criteria.  Initial award of the Global War on Terrorism Expeditionary Medal was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic areas of eligibility (AOE) which included Iraq and Kuwait.  

9.  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.  Chapter 2 establishes standardized policy for the preparation of the DD Form 214.  It states that for:

* item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22
* item 18, for an active duty Soldier deployed with his/her unit during their continuous period of active service, enter "Service in (Name of Country Deployed) FROM (inclusive dates, YYYYMMDD - YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  PO awarded him the Bronze Star Medal; therefore, he is entitled to correction of his DD Form 214 to add this award.

2.  Neither the evidence in his military record nor DFAS were able to verify he served in Iraq.  His OERs and DA Form 638 indicate he supported operations in Iraq but did not show he was physically present in Iraq.  However, DFAS was able to confirm he served in Kuwait and received imminent danger pay and combat zone tax exclusion from 31 March 2003 to 10 August 2003.

	a.  Based on this service he qualified for award of the Global War on Terrorism Expeditionary Medal and correction of his DD Form 214 to show this award.  

	b.  This service also entitles him to correction of his DD Form 214 to add the entry "SERVICE IN KUWAIT FROM 20030331-20030810" to item 18.

	c.  If he is able to provide evidence showing he served in Iraq he can reapply to the ABCMR to request the Global War on Terrorism Expeditionary Medal be replaced by the Iraq Campaign Medal and the entry in item 18 referring to service in Kuwait be replaced by service in Iraq.

3.  The evidence of record shows he served a qualifying period for award of the Global War on Terrorism Service Medal; therefore, he is entitled to correction of his DD Form 214 to add 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 to item 13 of his DD Form 214 the:
   
* Bronze Star Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal

   b.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT FROM 20030331-20030810."



      _______ _  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)                                         AR20120019288



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ABCMR Record of Proceedings (cont)                                         AR20120019288



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