IN THE CASE OF:	  

		BOARD DATE:  24 October 2013

		DOCKET NUMBER:  AR20130003229 


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 item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Iraq and any awards he may be authorized.

2.  The applicant states his foreign service is not recorded on his DD Form 214 and his record should be reviewed for additional awards.  He stated in a subsequent email that the Iraq Campaign Medal (ICM) specifically shows service in Iraq; therefore, he wants it in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM).

3.  The applicant provides his DD Form 214, effective 9 July 2005.

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, a member of the U.S. Army Reserve (USAR), was ordered to active duty in support of Operation Iraqi Freedom (OIF) on 7 December 2003.

3.  His Noncommissioned Officer Evaluation Report shows he was assigned to the 485th Quartermaster Company, 298th Corps Support Battalion, Iraq during the period December 2003 to November 2004.

4.  On 9 July 2005, he was honorably discharged.  His DD Form 214 for this period of service shows in:

   a.  item 12f – "0000  00  00" (no foreign service); and

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

* National Defense Service Medal (2nd Award)
* Southwest Asia Service Medal
* Army Service Ribbon
* Armed Forces Reserve Medal with "M" Device
* Sea Service Deployment Ribbon
* Global War on Terrorism Service Medal 
* Global War on Terrorism Expeditionary Medal

   c.  item 18 (Remarks) "SERVICE MEMBER RECEIVED IMMINENT DANGER PAY WHILE SERVING IN IRAQ."

5.  Defense Finance and Accounting Service (DFAS) records indicate he received hostile fire pay (HFP)/imminent danger pay (IDP) and combat zone tax exclusion for Kuwait from 17 February 2004 through 4 February 2005, which equals a total of 11 months and 18 days of foreign service.

6.  A review of the U.S. Army Human Resources Command website did not show  the 458th Quartermaster Company, 298th Corps Support Battalion received a unit award during the period the applicant was assigned to the unit.

7.  Army Regulation 600-8-22 (Military Awards) states service members who qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005 in an area for which the ICM was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

8.  Army Regulation 600-8-22 states the ICM is awarded to members who served in direct support of Operation Iraqi Freedom (OIF).  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 ICM period of eligibility is on or after 19 March 2003 to 11 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  He served in Iraq during the following two approved campaigns:

* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)

9.  According to the Awards and Decorations Branch of the 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 continuous months in Iraq or Afghanistan receive credit for a completed short tour.  Rules 6 and 8 of table 3-2, Army Regulation 614-30 (Overseas Service), apply.  The Overseas Service Ribbon is awarded for successful completion of overseas tours.

10.  Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance for preparation of the DD Form 214 and states:

	a.  for item 12f enter the total amount of foreign service completed during the Soldiers continuous period of active service; and

	b.  item 18, for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements:

		(1)  "ORDERED TO ACTIVE DUTY IN SUPPORT OF (operation name) PER U.S. CODE (applicable section)";

		(2)  "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"; and

		(3)  "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DFAS records indicate he received HFP/IDP from 17 February 2004 to 4 February 2005 for service in Kuwait.  During this period he would likely have been processed into the theater of operations through Kuwait, which is why DFAS records show special pay for that country.  His DFAS record is accepted as sufficient evidence with which to amend item 12f and item 18 of his DD Form 214 to show he served in Kuwait/Iraq for 11 months and 18 days.

2.  His period of service in Iraq is a qualifying period of service for award of the GWOTEM or ICM.  No service member will be entitled to both medals for the same act, achievement, or period of service.  He participated in two campaigns during this period of service.  Because he specifically requested award of the ICM in lieu of the GWOTEM, it would now be appropriate to amend his DD Form 214 by deleting the GWOTEM and adding the ICM with two bronze service stars.

3.  This period of foreign service also qualifies him for award the Overseas Service Ribbon; therefore, he is authorized 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 the Global War on Terrorism Expeditionary Medal from item 13 of his DD Form 214 for the period ending 9 July 2005; and
   
   b.  amending his DD Form 214 for the period ending 9 July 2005 by adding in:

* item 12f "0000  11  18"
* item 13 the Iraq Campaign Medal with two bronze service stars and Overseas Service Ribbon
* item 18 the entry "SERVICE IN KUWAIT/IRAQ FROM 20040217 to 20050204"



      _______ _  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)                                         AR20130003229



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ABCMR Record of Proceedings (cont)                                         AR20130003229



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