IN THE CASE OF:	  

		BOARD DATE:  19 November 2013

		DOCKET NUMBER:  AR20130005463 


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 all of the awards he received for his service in Iraq be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 12 May 2008.

2.  The applicant states his awards were never listed on his DD Form 214. 

3.  The applicant provides his:

* Post-deployment Health Assessment, dated 12 February 2004
* 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.  On 22 October 2002, he enlisted in the Regular Army for a period of 3 years.  He was assigned to the 2nd Battalion, 44th Air Defense Artillery on 17 June 2003.

3.  An email from the Defense Finance and Accounting Service (DFAS), dated 
18 April 2013, states the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 4 July 2003 through 
28 January 2004 (20030704 through 20040128) for Kuwait.

4.  The applicant provided a Post-deployment Health Assessment, dated 
12 February 2004, on which he indicated he deployed to Mosul, Iraq on 10 July 2003.

5.  On 23 May 2008, he was discharged with a bad conduct discharge as a result of a special court-martial.  His DD Form 214 shows he is authorized the National Defense Service Medal and the Army Service Ribbon.  His DD Form 214 also shows in:

* Item 12c (Net Active Service This Period) - "0005 07 02" (5 years, 
7 months, and 2 days)
* Item 12f (Foreign Service) reads "0000 00 00" (zero years, months, and days)  
* Item 18 (Remarks) no entry for the dates of his deployment

6.  The U.S. Army Human Resources Command website for awards shows the 
2nd Battalion, 44th Air Defense Artillery was awarded the Meritorious Unit Commendation (Army) for the period 19 March to 19 September 2003.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraq 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.  Among the approved campaigns is the Transition of Iraq (2 May 2003 - 28 June 2004).

	b.  The Global War on Terrorism Service Medal 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 Global War on Terrorism Service Medal.  

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  

	a.  Foreign service performed during the period covered in Item 12c (Net Active Service This Period) of the DD Form 214 will be entered in item 12f.  

	b.  When an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, an entry will be made in item 18 to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.

DISCUSSION AND CONCLUSIONS:

1.  The exact dates the applicant was actually in Iraq are not a matter of record.  However, his statement that he entered Mosul, Iraq on 10 July 2003 and the email from DFAS stating he received HF/IDP and CZTE from 4 July 2003 to 
28 January 2004 are sufficient to determine:

	a.  He had 6 months and 25 days (0000 06 25) of foreign service.  Therefore, item 12f of his DD Form 214 should read "0000 06 25."

	b.  He is authorized award of the Iraq Campaign Medal with one bronze service star.

	c.  The entry "SERVICE IN KUWAIT/IRAQ FROM 20030704 through 20040128" should be entered in item 18 of his DD Form 214.

2.  He was assigned to the 2nd Battalion, 44th Air Defense Artillery during the period the unit was awarded the Meritorious Unit Commendation (Army).  Therefore, he is authorized to have this award added to his DD Form 214.

3.  He served 30 consecutive days outside the area of eligibility for award of the Iraq Campaign Medal after his return from Iraq/Kuwait.  Therefore, he is authorized the award of the Global War on Terrorism Service Medal.


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.  changing item 12f of his DD Form 214 to read "0000 06 25"; and

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

* Meritorious Unit Commendation (Army) 
* Iraq Campaign Medal with one bronze service star
* Global War on Terrorism Service Medal

	c.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20030704 through 20040128"  to item 18 of his DD Form 214.






      _______ _  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)                                         AR20130005463



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ABCMR Record of Proceedings (cont)                                         AR20130005463



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