IN THE CASE OF:	  

		BOARD DATE:  8 October 2013

		DOCKET NUMBER:  AR20130002852 


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) for the period ending 4 April 2004 to show award of the Iraq Campaign Medal with two bronze service stars and his service in Iraq from April 2003 to March 2004.

2.  He states he believes this award was not entered on the DD Form 214 because it was authorized after his tour of duty ended.  The Iraq Campaign Medal was authorized by Public Law 108-234, dated 28 May 2004, and Executive Order 13363, dated 29 November 2004.  

3.  He provides his DD Form 214 for the period ending 4 April 2004 and an Army Commendation Medal certificate.  On his application, he stated he submitted evidence of his deployment to Iraq with his Army Commendation Medal certificate and accompanying paperwork; however, these documents were not attached to his application.

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 U.S. Army Reserve on 10 August 2001.  

3.  He was ordered to active duty on 7 February 2003 in support of Operation Enduring Freedom.  

4.  A review of his military personnel documents in the interactive Personnel Electronic Records Management System (iPERMS) included a certificate, dated 15 December 2003, which shows he was awarded the Army Commendation Medal for meritorious achievement from 7 February 2003 to 1 February 2004 in support of Operation Iraqi Freedom.  

5.  He was released from active duty on 4 April 2004 in the rank of specialist (SPC).  He completed 1 year, 1 month, and 28 days of active military service with no lost time. 

6.  His DD Form 214 for the period ending 4 April 2004 shows in:

	a.  item 12f (Foreign Service) he completed 11 months and 11 days of foreign service.

	b.  item 18 (Remarks) he served in Southwest Asia from 26 March 2003 to 6 March 2004.

7.  His service record is void of disciplinary actions or evidence disqualifying him by his chain of command for award of the Army Good Conduct Medal.

8.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 26 March 2003 through 6 March 2004.  This equates to a period of 11 months and 11 days of foreign service.

9.  Army Regulation 600-8-22 (Military Awards) states 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 to 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns include:

* Liberation of Iraq (19 March 2003 -1 May 2003)
* Transition of Iraq (2 May 2003 - 28 June 2004)

10.  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, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, 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.  

11.  By message dated 8 February 2005, the Military Awards Branch, U.S. Army Human Resources Command, provided clarification on award of the Army Good Conduct Medal.  It stated Reserve Component (RC) Soldiers mobilized onto active duty under Title 10 are performing “active Federal military service” and are therefore eligible to be awarded the Army Good Conduct Medal.  The qualifying periods of service must be continuous enlisted active Federal service.  The period of service for the Army Good Conduct Medal begins and the Army Reserve Components Achievement Medal (ARCAM) ends the first day the mobilized RC Soldier is serving on active duty.  The period of service for the Army Good Conduct Medal ends the last day the mobilized RC Soldier is on active duty.  The period of service for the ARCAM begins the day after the RC Soldier is off active duty.  

12.  Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's military pay records show he received HFP/IDP and CZTE for the period 26 March 2003 through 6 March 2004 for service in Kuwait.  


2.  His Army Commendation Medal certificate shows he was deployed to Iraq in support of Operation Iraqi Freedom from 7 February 2003 to 1 February 2004.  This evidence is sufficient as a basis to amend item 18 of his DD Form 214 for the period ending 4 April 2004 to show his service in Iraq.  

3.  Based on this service, he is eligible for award of the Iraq Campaign Medal with two bronze service stars and the GWOTSM.

4.  His service record is void of orders which show he was awarded the Army Good Conduct Medal for the period 7 February 2003 through 4 April 2004.  There is no evidence available which indicates he received any disciplinary action or a commander's disqualification for award of the Army Good Conduct Medal during this period.  Therefore, he is entitled to award of the Army Good Conduct Medal 
(1st Award) for the period 7 February 2003 through 4 April 2004.  

5.  The evidence of record shows he completed 11 months and 11 days of foreign service.  Therefore, he successfully completed his overseas tour and is eligible for award of the Overseas Service Ribbon.  

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.  awarding him the Army Good Conduct Medal (1st Award) for the period 7 February 2003 through 4 April 2004; 

   b.  adding award of the Army Good Conduct Medal, Iraq Campaign Medal with two bronze service stars, GWOTSM, and Overseas Service Ribbon to his DD Form 214 for the period ending 4 April 2004; and 

	c.  deleting the entry "SERVICE IN SOUTHWEST ASIA FROM 20030326 - 20040306" from his DD Form 214 for the period ending 4 April 2004 and replacing it with the entry "SERVICE IN KUWAIT/IRAQ FROM 20030326 - 20040306".

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 amending his DD Form 214 for the period ending 4 April 2004 to show he served in Iraq from April 2003 to March 2004.




      _______ _  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)                                         AR20130002852





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ABCMR Record of Proceedings (cont)                                         AR20130002852



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