IN THE CASE OF:	

		BOARD DATE:	  13 June 2013

		DOCKET NUMBER:  AR20120020316 


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 he served a second tour of duty in Iraq and that he was awarded the Combat Action Badge.

2.  The applicant states he served overseas in Korea from 7 December 2002 through 6 December 2003.  He deployed to Iraq from 1 February 2005 through 19 January 2006 and again from May 2006 to December 2006.  However, his second deployment to Iraq is not recorded on his DD Form 214.  He adds that he was also awarded the Combat Action Badge.

3.  The applicant provides:

* his Enlisted Record Brief (ERB), dated 13 June 2007
* Permanent Orders 097-99, issued by Headquarters, 3rd Infantry Division, Fort Stewart, GA, dated 7 April 2006
* a memorandum issued by B Battery, 4th Battalion, 42nd Field Artillery,
4th Infantry Division, Fort Hood, TX, subject:  Recommendation for Honorable Discharge (Applicant), dated 23 January 2007

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 (RA) on 17 July 2002 for a period of 3 years.  He was awarded military occupational specialty 13B (Cannon Crewmember).  He reenlisted in the RA on 9 September 2004 for a period of
4 years.

3.  The applicant's ERB, dated 13 June 2007, shows in Section I (Assignment Information - Overseas/Deployment Combat Duty) he served in:
 
* Iraq from 1 February 2005 through 19 January 2006
* Korea from 7 December 2002 through 6 December 2003

4.  Permanent Orders 097-99, dated 7 April 2006, awarded the applicant the Combat Action Badge for actively engaging or being engaged by the enemy on
3 September 2005.

5.  A review of the applicant's separation packet revealed:

	a.  a memorandum, dated 23 January 2007, that shows the applicant's commanding officer indicated the applicant served 20 months in Iraq, as follows:

* from January 2005 to January 2006
* from May 2006 to December 2006

	b.  a memorandum, dated 26 June 2007, that shows the applicant's commanding officer indicated the applicant was awarded the:

* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Iraq Campaign Medal
* Army Service Ribbon


* Overseas Service Ribbon (2nd Award)
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Korea Defense Service Medal

6.  On 20 July 2007, the applicant was honorably discharged from active duty under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of a condition, not a disability.  He completed 4 years, 11 months, and 9 days of creditable active service.  The DD Form 214 he was issued at the time shows in:

	a.  item 12f (Foreign Service):  "1 year, 11 months, and 19 days";

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

* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Korea Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)

	c.  item 18 (Remarks):

* "Served in a Designated Imminent Danger Pay Area"
* "Service in Iraq 20050201-20060119"

7.  The Defense Finance and Accounting Service confirmed the applicant received hostile fire pay/imminent danger pay from 4 February 2005 through
15 March 2006 and from 16 July 2006 through 27 November 2006.

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  It states:

	a.  The Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in 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.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.

		(1)  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the AOE.

		(2)  Initial award of the GWOTEM was limited to service members deployed abroad in Operation Enduring Freedom and Operation Iraqi Freedom (OIF) in specific designated geographic AOEs, which included Iraq between
19 March 2003 and 28 February 2005.

	b.  The Iraq Campaign Medal (ICM) is authorized for award to members of the Armed Forces of the United States who served in direct support of OIF.  The AOE encompasses all land area of the country of Iraq and 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 ICM period of eligibility is on or after 19 March 2003 to 31 December 2011 (i.e., the cessation of OIF).

		(1)  A bronze service star is authorized with this service medal for each Iraq campaign a member is credited with participating in.  During the applicant's second period of service in Iraq, he served in the National Resolution campaign (16 December 2005 - 9 January 2007).

		(2)  Only one award of the ICM may be authorized for any individual.  No service member will be entitled to both the ICM and GWOTEM for the same act, achievement, or period of service.  In addition, the Soldier is not authorized to wear a bronze service star on the ICM for any campaigns(s) during the overseas tour recognized by the GWOTEM.

9.  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 and contains item-by-item instructions for completing the DD Form 214.  It states for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214;

	b.  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22; and
	c.  item 18, for an active duty Soldier deployed to a foreign country 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 contends his DD Form 214 should be corrected to show his second deployment in Iraq and the Combat Action Badge.

2.  The evidence of record shows:

	a.  the applicant served overseas, as follows:

* Korea from 7 December 2002 through 6 December 2003
* Iraq from 1 February 2005 through 19 January 2006
* Iraq from 16 July 2006 through 27 November 2006

	b.  A calculation of these periods of overseas service shows the following:

	2003  12  06	date of redeployment from Korea
	- 2002  12  07	date of deployment to Korea
	=     00  11  29
	+                   1	day inclusive
	=     00  11  30	or 1 year of total foreign service in Korea


	2006  01  19	date of redeployment from Iraq
	- 2006  02  01	date of 1st deployment to Iraq
	=     00  11  18
	+                   1	day inclusive
	=     00  11  19	total foreign service in Iraq (1st deployment)


	2006  11  27	date of redeployment from Iraq
	- 2006  07  16	date of 2nd deployment to Iraq
	=     00  04  11
	+                   1	day inclusive
	=     00  04  12	total foreign service in Iraq (2nd deployment)


   c.  The sum of these three periods of foreign service shows the following:

	01  00  00	Korea
	00  11  19	Iraq (1st deployment )
	+   00  04  12	Iraq (2nd deployment)
	    =   01  15  31	(years, months, and days)

	d.  In converting the above service, it equates to 2 years, 4 months, and 1 day of total foreign service.

	e.  Item 12f and item 18 of the applicant's DD Form 214 do not show the applicant's second deployment in Iraq.  Therefore, it would be appropriate to correct his DD Form 214 to show all of his foreign service.

3.  Records show the applicant served in Iraq during two separate periods.  Thus, he qualified for both the GWOTEM and the ICM.  In addition, he served his second tour in Iraq during the National Resolution campaign.  Therefore, it would be appropriate to correct his DD Form 214 to show award of the ICM with one bronze service star.

4.  Permanent orders awarded the applicant the Combat Action Badge.  Therefore, his DD Form 214 should be corrected to show this award.

5.  In view of the foregoing, it would be appropriate to correct the applicant's
DD Form 214 to show his foreign service and awards as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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:

	a.  deleting from item 12f of his DD Form 214 the current entry and replacing it with the entry "0002  04  01";

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

* Iraq Campaign Medal with 1 bronze service star
* Combat Action Badge
	
	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN IRAQ FROM 20060716 – 20061127."

2.  The Board further determined that 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 service in Iraq from May 2006 to December 2006.



      _______ _   _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)                                         AR20120020316



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ABCMR Record of Proceedings (cont)                                         AR20120020316



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