IN THE CASE OF:	

		BOARD DATE:	  4 March 2014

		DOCKET NUMBER:  AR20130012095 


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 and the Iraq Campaign Medal and Global War on Terrorism Expeditionary Medal.

2.  The applicant states he served in Iraq from 2003 to 2004 and he was assigned to Detachment 1, Company A, 1092nd Engineer Combat Battalion, from 3 February 2003 through 1 July 2004. 

3.  The applicant provides a copy of his 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.  The applicant was ordered to active duty from the Army National Guard in support of Operation Iraqi Freedom (OIF) and entered active duty on 3 February 2003.  

3.  He was released from active duty on 1 July 2004.  His DD Form 214 shows in:

* Item 12f (Foreign Service) the entry "0000-00-00"
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Global War of Terrorism Service Medal, Armed Forces Reserve Medal and Mobilization, and Army Service Ribbon
* Item 18 – no service in a hostile fire pay/imminent danger pay (HFP/IDP) area

4.  On 9 July 2013, a staff member of the Defense Finance and Accounting Service verified the applicant received HFP/IDP for service in Kuwait/Iraq from 17 April 2003 through 1 June 2004, a period of 1 year, 1 month, and 15 days.

5.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  Item 12f will list credit for all foreign service completed during the period covered by the DD Form 214.  Item 18, for Reserve Component Soldiers ordered to active duty, participating in or supporting a contingency operation, and deployed to a foreign country, enter the following three statements in 1, 2, and 3, below in succession. 

* ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section).
* SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates)
* SOLDIER HAS/HAS NOT COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST–SERVICE BENEFITS AND ENTITLEMENTS

6.  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 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.  Approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010
* New Dawn (1 September 2010-31 December 2011)

	b.  Service members who qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement or period of service.

   c.  Bronze service stars are worn on campaign and service medals to denote participation in a named campaign.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant served in Kuwait/Iraq from 17 April 2003 through 1 June 2004, a period of 1 year, 1 month, and 15 days.  Therefore, item 12f of this DD Form 214 should be corrected to show a credit of 1 year, 1 month, and 15 days.  

2.  The evidence also shows he completed a qualifying period of service for award of the Iraq Campaign Medal.  The same period of service establishing eligibility for the Iraq Campaign Medal cannot be used to justify service eligibility for the Global War on Terrorism Expeditionary Medal.  Therefore, based on his eligibility for award of the Iraq Campaign Medal and his request, he is entitled to correction to his DD Form 214 for the period ending 20 March 2005 to show the Iraqi Campaign Medal but not the Global War on Terrorism Expeditionary Medal. He is also entitled to award of two bronze service stars to be affixed to the Iraqi Campaign Medal to denote his campaign participation and correction of his DD Form 214 accordingly. 

3.  Two out of the three required statements are mentioned in item 18 of his     DD Form 214.  There is insufficient evidence to show he served in Iraq from        3 February 2003 to 1 July 2004; however, there is sufficient evidence to show   he served in Iraq from 17 April 2003 to 1 June 2004.  Therefore, item 18 of his DD Form 214 should be corrected accordingly.
BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* deleting from item 12f of the applicant's DD Form 214 the entry          "0000-00-00" and replacing it with the entry "0001-01-15"
* adding to item 18 of his DD Form 214 the entry "Service in Kuwait/Iraq From 20030417-20040601"
* adding to his DD Form 214 the Iraq Campaign Medal with two bronze service stars

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Global War on Terrorism Expeditionary Medal and its addition to his DD Form 214 and to show his deployment was from 3 February 2003 to 1 July 2004.



      _____________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)                                         AR20130012095





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ABCMR Record of Proceedings (cont)                                         AR20130012095



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