BOARD DATE:	  19 November 2013

		DOCKET NUMBER:  AR20130005469 


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 the time he spent in Iraq in 2003 be shown on his 
DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 27 October 2003.

2.  The applicant states his time in Iraq and the awards he earned are not listed on his DD Form 214.

3.  The applicant provides no additional evidence in support of 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.  He had previously served in the Mississippi and the Georgia Army National Guard.  On 1 April 2003, he enlisted in the Regular Army for a period of 3 years.  He was assigned to the 2nd Battalion, 8th Infantry.

3.  An email from the Defense Finance and Accounting Service (DFAS), dated 
17 April 2013, states the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 29 May 2003 through 
12 August 2003 (20030529 through 20030812) for Kuwait.

4.  On 27 October 2003, he was discharged by reason of a personality disorder.  His DD Form 214 shows he is authorized the:

* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle and Grenade Bars
* Combat Infantryman Badge 

5.  His DD Form 214 also shows in:

* Item 12c (Net Active Service This Period) - "0000 06 27" (zero years, 
6 months, and 27 days)
* Item 12f (Foreign Service) "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, 8th Infantry was awarded the Valorous Unit Award for the period 24 April 2003 to 22 March 2004.

7.  The U.S. Army Center of Military History, Lineage and Honors Information website shows the 2nd Battalion, 8th Infantry received the Valorous Unit Award Streamer embroidered with IRAQ 2003-2004.

8.  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.  

9.  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 the YYYY/MM/DD format.

DISCUSSION AND CONCLUSIONS:

1.  The exact dates the applicant was actually in Iraq are not a matter of record.  However, the Valorous Unit Award Streamer awarded to the 2nd Battalion, 
8th Infantry and the email from DFAS stating he received HF/IDP and CZTE from 29 May 2003 through 12 August 2003 are sufficient to determine:

	a.  He had 2 months and 14 days (0000 02 14) of foreign service.  Therefore, item 12f of his DD Form 214 should show "0000 02 14."

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

	c.  The entry "SERVICE IN KUWAIT/IRAQ FROM 20030529 THROUGH 20030812" should be entered in item 18 of his DD Form 214.

2.  He was assigned to the 2nd Battalion, 8th Infantry during the period the unit was awarded the Valorous Unit Award.  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.  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 show "0000 02 14"; and

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

* Valorous Unit Award 
* Iraq Campaign Medal with one bronze service star
* Global War on Terrorism Service Medal

	c.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20030529 THROUGH 20030812"  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)                                         AR20130005469



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ABCMR Record of Proceedings (cont)                                         AR20130005469



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