BOARD DATE:	  12 November 2013

		DOCKET NUMBER:  AR20130005414 


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.

2.  The applicant states his DD Form 214 is missing his Iraq service.

3.  The applicant provides:

* a memorandum
* Defense Finance and Accounting Service (DFAS) Military Leave and Earnings Statement
* Orders 029-021
* Permanent Order Number 291-03
* Army Commendation Medal certificate
* DA Form 638 (Recommendation for Award)
* Permanent Orders Number 282-2
* DA Form 31 (Request and Authorization for Leave)

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.  Having prior honorable service in the U.S. Army Reserve, the applicant enlisted in the Regular Army on 7 May 1998.  He completed training and was awarded military occupational specialty 15S (OH-58D Helicopter Repairer).  

3.  Permanent Orders Number 187-7, issued by Task Force Ironhorse,             1st Squadron, 10th U.S. Cavalry Regiment, 4th Aviation Brigade, 4th Infantry Division (Mechanized), Tikrit, Iraq, dated 6 July 2003, awarded him the Driver and Mechanic Badge with Driver "W" Bar.

4.  On 6 May 2004, the applicant was honorably discharged at the completion of his required active service.  The DD Form 214 he was issued at the time does not show service in Iraq.

5.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Lapel Button
* Army Commendation Medal
* Army Achievement Medal
* Army Good Conduct Medal (3rd award)
* Army Reserve Components Achievement Medal
* National Defense Service Medal (2nd award)
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon

6.  DFAS confirmed that the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from       31 March through 31 December 2003.

7.  The applicant provides orders with a standard name line which inidicates he was assigned to Delta Troop, 1st Squadron, 10th Cavalry Regiment, Tikrit, Iraq, when he was awarded the Driver and Mechanic Badge with Driver "W" Bar, Army Good Conduct Medal (2nd award), and Army Commendation Medal.

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.  In establishes standardized policy for the preparation of the DD Form 214 and 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 on the preparation of the DD Form 214 and states for item 18, for an active duty Soldier deployed 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 (Military Awards) states the Iraq Campaign Medal is awarded to members who 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 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.   

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record is ambiguous with regard to the applicant's actual dates of service in Iraq.

2.  DFAS records indicate the applicant was deployed to Kuwait from 31 March  through 31 December 2003.  (At the time, he would likely have been processed into the theater of operations through Kuwait, which is likely why DFAS records show he served in that country.)  However, these records only indicate the amount of time he received HFP/IDP, not the amount of time he was actually in the theater of operations.  
3.  Nevertheless, the DFAS information combined with the applicant's documentation is accepted as sufficient evidence with which to amend item 18 of the applicant's DD Form 214 to show he served a tour of duty in Kuwait/Iraq from 31 March to 31 December 2003.

4.  Based on the applicant's accepted dates of service in Kuwait/Iraq, the applicant participated in two campaigns during his service in Kuwait/Iraq.  Therefore, he is entitled to two bronze service stars for wear on the Iraq Campaign Medal and correction of his DD Form 214 to show these bronze service stars.

5.  The evidence of record shows the applicant was serving on active duty after 11 September 2001; therefore, he is eligible for award of the GWOTSM and correction of his DD Form 214 to show this award.

6.  Permanent orders awarded him the Driver and Mechanic Badge with Driver "W" Bar.  Therefore, his DD Form 214 should be corrected to show this badge.

BOARD VOTE:

________  ________  ________  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 the statement "SERVICE IN KUWAIT/IRAQ FROM 20030331-20031231" to item 18 of his DD Form 214; and

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

* Iraq Campaign Medal with two bronze service stars



* GWOTSM
* Driver and Mechanic Badge with Driver "W" Bar




      _______ _   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)                                         AR20130005414





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ABCMR Record of Proceedings (cont)                                         AR20130005414



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