IN THE CASE OF:	  

		BOARD DATE:	  27 March 2014

		DOCKET NUMBER:  AR20130011819 


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 following awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 October 2003:

* Army Achievement Medal
* Global War on Terrorism Expeditionary Medal (he later amended his application to request the Iraq Campaign Medal instead)
* Global War on Terrorism Service Medal
* Korea Defense Service Medal

2.  The applicant states the above awards were not included on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* Army Achievement Medal Certificate
* Headquarters, Joint Readiness Training Center (JRTC) and Fort Polk, Fort Polk, LA Permanent Orders 100-311, dated 10 April 2003 
* two Memoranda for Record (MFR), dated 28 June 2003, from 2nd Armored Cavalry Regiment - Iraq
* an MFR, dated 26 July 2003, from 3rd Squadron, 2nd Armored Cavalry Regiment, Fort Polk


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 11 May 1995, he enlisted in the Regular Army.  He immediately reenlisted on 12 March 1998 and 3 February 2000.

3.  The applicant submitted an Army Achievement Medal Certificate, dated
22 September 1998, showing the award was announced in Permanent Orders Number 129-01 issued by the 4th Battalion, 42nd Field Artillery, Fort Hood, TX.

4.  His DA Form 2-1 (Personnel Qualification Record) in his Army Military Human Resource Record shows he was assigned to Battery B, 2nd Battalion, 17th Field Artillery in Korea from 23 November 1998 to 4 April 2000.

5.  The applicant provided Headquarters, JRTC and Fort Polk Permanent Orders 100-311, dated 10 April 2003.  These are group orders for a temporary change of station of the 3rd Squadron, 2nd Armored Calvary Regiment to the U.S. Central Command Area of Responsibility in support of Operation Enduring Freedom.  The orders were effective on or about 22 April 2003.  He also provided a partial list of personnel included in the group and his name was among those listed.

6.  An MFR, dated 26 July 2003, states the applicant served with the 2nd Armored Cavalry Regiment, 1st Armored Division Task Force during Operation Iraqi Freedom from 25 April to 1 August 2003.

7.  On 31 October 2003, he was discharged by reason of completion of required active service.  Item 18 (Remarks) of his DD Form 214 does not show his deployment to Iraq.  His DD Form 214 shows he was awarded the:

* Army Superior Unit Award
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Driver and Mechanic Badge with Driver-W Bar

8.  An email from the Defense Finance and Accounting Service (DFAS), dated 
1 July 2013, states the applicant received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) from 28 April through 
3 August 2003 for service in Kuwait.

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

	a.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	b.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom.  The areas of eligibility (AOE) 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 through 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns include the

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

	c.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the 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 or 60 nonconsecutive days, are authorized the Global War on Terrorism Service Medal.

10.  Army Regulation 635-5 (Separation Documents) states when an active duty Soldier is deployed with his or her 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 YYYYMMDD format.


DISCUSSION AND CONCLUSIONS:

1.  The applicant provides an Army Achievement Medal Certificate showing he received the award as announced in permanent orders.  Therefore, this award should be added to his DD Form 214.

2.  Based on his tour in Korea he is authorized the Korea Defense Service Medal.

3.  The exact dates of his service in Iraq are not a matter of record.  However, the email from DFAS stating he received HFP/IDP and CZTE from 28 April through 
3 August 2003 and the MFR, dated 26 July 2003, are sufficient to correct item 18 of his DD Form 214 to show "SERVICE IN KUWAIT/IRAQ FROM 20030428-20030803."  

4.  Although the exact date he entered Iraq is not shown in his records, it is reasonable to conclude he was in Iraq in May 2003.  Therefore, he is entitled to  the Iraq Campaign Medal with one bronze service star.

5.  He served 30 consecutive days outside of the AOE designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal after 11 September 2001.  Therefore, he is authorized 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 amending his DD Form 214 with a separation date of 31 October 2003 as follows: 


a. adding the following awards:

* Army Achievement Medal
* Iraq Campaign Medal with one bronze service star
* Global War on Terrorism Service Medal
* Korea Defense Service Medal

	b.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20030428-20030803" to item 18.




      _______ _   _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)                                         AR20130011819



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ABCMR Record of Proceedings (cont)                                         AR20130011819



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