IN THE CASE OF:	  

		BOARD DATE:  30 July 2013

		DOCKET NUMBER:  AR20120021800 


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 award of the Iraq Campaign Medal (ICM).

2.  He states he served in Iraq, but the award was not recorded on his DD Form 214.

3.  He provides 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.  The applicant enlisted in the Regular Army on 9 April 1991 and continued to serve on active duty through two reenlistments.  

3.  His service record contains two DA Forms 2166-8 (Noncommissioned Officer Report (NCOER)) for the periods ending in June and December 2003.  These reports indicate he performed duties preparing for deployment in support of Operation Iraqi Freedom.  He prepared his section mentally and physically for a successful deployment to Kuwait and Iraq.  He was responsible for quality assurance/quality control of all vehicles in daily convoys through the outskirts of Bagdad, Iraq during the periods covered by these reports.  He also manned the .50 caliber machine gun guarding logistic convoys for 90 consecutive days while in Iraq.

4.  On 7 June 2004, he was honorably discharged upon completion of required active service.

5.  His DD Form 214 shows in:

	a.  item 12f (Foreign Service) the entry "0000  00  00," indicating no foreign service;

	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) the Army Commendation Medal (8th Award), Army Achievement Medal (6th Award), Army Good Conduct Medal (2nd Award), National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon (2nd Award);

	c.  item 18 (Remarks) he served in Southwest Asia from 13 April to 8 November 2003 and received imminent danger pay during this period.

6.  Army Regulation 600-8-22 (Military Awards) states the ICM is awarded to members who have served in direct support of Operation Iraqi Freedom.  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 to 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)

7.  Army Regulation 600-8-22 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 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.  

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It directs for item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 shows he served in Southwest Asia from 13 April to 8 November 2003 (a period of 6 months and 25 days).  However, his NCOERs confirm he was deployed to Kuwait and Iraq in support of Operation Iraqi Freedom during this period of service.  

2.  His DD Form 214 does not show any awards for service in Southwest Asia and no foreign service is listed in item 12f.  

3.  The available evidence shows he served a period of qualifying service for award of the ICM with two bronze service stars and GWOTSM.  Therefore, his DD Form 214 should be amended to show these awards.  

4.  In addition, it would be appropriate to amend item 12f of this DD Form 214 to reflect 6 months and 25 days of foreign service and to amend item 18 to show he served in Kuwait and Iraq from 13 April to 8 November 2003.  






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 in item 12f the entry "0000 06 25"; 

	b.  adding in item 13 the ICM with two bronze service stars and GWOTSM; and

	c.  amending item 18 by deleting the entry "SERVICE IN SOUTHWEST ASIA 20030413 - 20031108" and adding the entry "SERVICE IN KUWAIT/IRAQ 20030413 - 20031108."



      _______ _  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)                                         AR20120021800



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ABCMR Record of Proceedings (cont)                                         AR20120021800



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