IN THE CASE OF: 

		BOARD DATE: 14 September 2013

		DOCKET NUMBER:  AR20130002174 


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 his service in Iraq and the awards he is entitled to for his service.

2.  The applicant states he was deployed to Kuwait and on to Iraq for 1 year.  He states it may be that his records were not updated because of all the Soldiers who were out-processing at the same time at Fort Hood, TX.

3.  The applicant provides:

* Permanent Orders 353-4, issued by Headquarters, III Corps, Fort Hood, dated 19 December 2003, with an attached list of deploying Soldiers
* his Enlisted Record Brief (ERB), dated 23 February 2005
* his DD Form 214
* a letter from the Washburn County Veterans Service Office, dated
24 January 2013

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 5 January 1995.  He completed training and he was awarded military occupational specialty 25F (Network Switching Systems Operator-Maintainer).

3.  He provides:

	a.  Permanent Orders 353-4, dated 19 December 2003, that ordered the
57th Signal Battalion, 3d Signal Brigade on Temporary Change of Station from Fort Hood to the U.S. Central Command (CENTCOM) and as further directed.  The applicant's name is listed on the attachment showing a "FLY DATE" of
"3 JAN [2004]."

	b.  His ERB that shows in Section VIII (Awards and Decorations) the:

* Army Good Conduct Medal (3d Award)
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Global War on Terrorism Service Medal

	c.  His ERB that shows in Section IX (Assignment Information) he served in Korea while assigned to 1st Battalion, 43rd Air Defense Artillery from 29 August 2002 to 10 September 2003 (a period of 1 year and 12 days).

4.  On 30 April 2005, he was honorably discharged at the completion of required active service.  He attained the rank/grade of specialist (SPC)/E-4.  He completed 10 years, 3 months, and 26 days of creditable active service.  The
DD Form 214 he was issued shows in:

	a.  item 12f (Record of Service – Foreign Service) the entry "0000  00  00";

	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) he was awarded or authorized the:

* National Defense Service Medal (2d Award)
* Global War on Terrorism Service Medal


* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Army Lapel Button

	c.  item 18 (Remarks), no deployment entries.

5.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 22 March through 10 August 2000 (a period of 4 months and 20 days) for service in Kuwait and from 11 January 2004 through 3 January 2005 (a period of 11 months and 24 days) for service in Kuwait/Iraq.

6.  His record contains:

	a.  Permanent Orders Number 182-2, issued by Headquarters, 13th Signal Battalion, Fort Hood, dated 1 July 1998, that awarded him the Driver and Mechanic Badge with Driver-W Bar for the period 1 June 1997 to 1 June 1998.

	b.  Permanent Orders Number 99-327-07, issued by Headquarters,
40th Signal Battalion, Fort Huachuca, AZ, dated 23 November 1999, that awarded him the Army Achievement Medal for exceptional service from 10 April to 12 August 1999.

	c.  Permanent Orders Number 211-03, dated 30 July 2003, that awarded him the Army Achievement Medal for exceptionally meritorious service from 
15 August 2002 to 15 August 2003.

	d.  Permanent Orders Number 104-005, issued by the 57th Signal Battalion, that awarded him the Army Good Conduct Medal (3d Award) for the period
5 January 2001 to 4 January 2004.

7.  On 5 September 2013, a staff member of the Board advised the applicant by email that based on his ERB he was entitled to the GWOTEM.  If he so desired, he could request the Iraq Campaign Medal in lieu of the GWOTEM, but he was not entitled to both awards for the same period of service in Kuwait/Iraq.  He did not respond.

8.  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.  It establishes standardized policy for the preparation of the DD Form 214.  It states for item:

* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards)
* item 18, 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)"

9.  Army Regulation 600-8-22 provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The Iraq Campaign Medal 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 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)

	b.  The GWOTEM 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, including Kuwait and Iraq.

	c.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
	d.  The Overseas Service Ribbon is awarded for successful completion of overseas tours.  Numerals, beginning with numeral 2, are used to denote the second and subsequent awards of the Overseas Service Ribbon.  According to the Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his service in Iraq and any additional awards he is entitled to.

2.  Permanent orders awarded him two Army Achievement Medals, the Army Good Conduct Medal (3d Award), and the Driver and Mechanic Badge with Driver-W Bar.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  His ERB shows he was awarded the Global War on Terrorism Expeditionary Medal.  Therefore, his DD Form 214 should be corrected to show this award.

4.  DFAS confirms the applicant deployed to Kuwait from 22 March through
10 August 2000 and to Kuwait/Iraq from 11 January 2004 through 3 January 2005.  Therefore, his DD Form 214 should be corrected to show these periods of deployment.

5.  Records show he served in Korea from August 2002 to September 2003.  Therefore, he is entitled to the Korea Defense Service Medal and correction of his DD Form 214 to show this award.

6.  Based on his deployments to Kuwait and Iraq and service in Korea, his
DD Form 214 should be corrected to show his combined foreign service.

7.  Additionally, based on his service in Korea from August 2002 to September 2003 and Kuwait/Iraq from January 2004 to January 2005, he is entitled to the Overseas Service Ribbon with Numeral 2 and correction of his DD Form 214 to show this award.






BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  deleting from item 12f the current entry and replacing it with the entry "0002  04  26";

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

* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal (3d Award)
* Korea Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Overseas Service Ribbon with Numeral 2
* Driver and Mechanic Badge with Driver-W Bar

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT FROM 20000322 - 20000810"; SERVICE IN KUWAIT/IRAQ FROM 20040111 -20050103."



      _______ _   _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)                                         AR20110003578



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ABCMR Record of Proceedings (cont)                                         AR20130002174



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