IN THE CASE OF:	  

		BOARD DATE:	  15 May 2014

		DOCKET NUMBER:  AR20130014933 


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 the period of his foreign service in Iraq.

2.  The applicant states he deployed with Company A, 16th Signal Battalion, and served in Iraq from 1 April 2003 to 30 October 2003.  However, his DD Form 214 does not show his combat deployment.

3.  During the processing of this case, an Army Board for Correction of Military Records (ABCMR) staff member contacted the applicant and requested documentation to support his claim of service in Iraq.  The applicant provided copies of two documents.  At the same time he requested correction of his 
DD Form 214 to show all of his awards.  Based on that request, the staff member again contacted the applicant regarding awards that are not recorded on his 
DD Form 214, including the option to be awarded the Iraq Campaign Medal (ICM) in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM) for his service in support of Operation Iraqi Freedom (OIF).  In response, the applicant indicated that he desired the ICM in lieu of the GWOTEM.

4.  The applicant provided a copy of a redeployment document and DA Form 638 (Recommendation for Award) 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 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 enlisted in the Regular Army on 21 May 1999 for a period of 4 years.  He was awarded military occupational specialty 31R (Multichannel Transmission Systems Operator/Maintainer).

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in item 5 (Oversea Service), he served in Korea from 18 December 1999 through 17 December 2000.

4.  Headquarters, 16th Signal Battalion, 3rd Signal Brigade, Fort Hood, TX, Permanent Order 165-035, dated 13 June 2002, awarded the applicant the Army Good Conduct Medal (1st Award) for the period 21 May 1999 to 20 May 2002.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 30 November 2003 based on completion of required active service.  He had completed 4 years, 6 months, and 10 days of total active service.  It also shows in:

	a.  item 8a (Last Duty Assignment and Major Command):  Company A, 16th Signal Battalion (U.S. Army Forces Command);

	b.  item 12f (Foreign Service):  "0001 year, 00 months, and 00 days";

	c.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* Army Lapel Button
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon

	d.  item 18 (Remarks) does not show the applicant deployed to Iraq or the period of any such deployment.

6.  The Defense Finance and Accounting Service confirmed the applicant received hostile fire pay/imminent danger pay from 2 April 2003 through 
27 August 2003 for Kuwait.

7.  Headquarters, Department of the Army, General Orders Number 2009-11, dated 16 December 2009, awarded the:

* Valorous Unit Award to 3rd Armored Cavalry, to include the 16th Signal Battalion, for extraordinary heroism while engaged in military operations during the period 25 April 2003 to 18 September 2003
* Meritorious Unit Commendation to the 124th Signal Battalion, to include Company A, 16th Signal Battalion, for exceptionally meritorious conduct in the performance of outstanding service during the period 1 April 2003 to 31 October 2003

8.  In support of his application the applicant provided the following documents:

   a.  Headquarters, Task Force Ironhorse, Tikrit, Iraq, memorandum, dated 
13 August 2013, that shows the applicant was redeploying and he turned in Organizational Clothing and Individual Equipment to Supply Support Activities in Iraq.

   b.  A DA Form 638 that shows the applicant was recommended for award of the Army Commendation Medal.  The Commander, 124th Signal Battalion, recommended downgrade to the Army Achievement Medal.  The DA Form 638 does not show the recommendation for award was approved nor was the award announced in orders.

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

	a.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  

	b.  The Army Achievement Medal is awarded to members of the Armed Forces of the United States who distinguished themselves by meritorious service or achievement.  

	c.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	d.  The GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism (GWOT) operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the 50 states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.

	e.  The ICM is authorized for award to members of the Armed Forces of the United States who served in direct support of OIF.  The AOE encompasses all land area of the country of Iraq and 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.

	 	(1)  The ICM period of eligibility is on or after 19 March 2003 to 31 December 2011 (the cessation of OIF).

		(2)  A bronze service star is authorized with this service medal for each Iraq campaign a member is credited with participating in.  During the applicant's period of service in Iraq, participation credit was awarded for the following two campaigns:

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

   f.  Service members qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

	g.  The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who participated in GWOT operations outside of the AOE designated for award of the GWOTEM, ICM, or Afghanistan 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 GWOTSM.

	h.  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.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214.  It shows for:

	a.  item 12f, enter total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period);

	b.  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; and

	c.  item 18, for an active duty Soldier deployed with his unit to a foreign country during their continuous period of active service enter:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his service in Iraq and all of his awards.

2.  The evidence of record shows the applicant served in:

* Korea from 18 December 1999 through 17 December 2000
* Kuwait/Iraq from 2 April 2003 through 27 August 2003

   a.  The evidence of record fails to show that he served in Iraq from 1 April 2003 through 30 October 2003.

   b.  A calculation of the two periods of overseas service shows the following:

	2000  12  17	date of redeployment
	- 1999  12  18	date of deployment to Korea
	=     00  11  29
	+                   1	day inclusive
	=     01  00  00	total foreign service in Korea

	2003  08  27	date of redeployment
	- 2003  04  02	date of deployment to Kuwait/Iraq
	=     00  04  25
	+                   1	day inclusive
	=     00  04  26	total foreign service in Kuwait/Iraq

   c.  A calculation of the total amount of overseas service shows the following:

	01  00  00	service in Korea
	+ 00  04  26	service in Kuwait/Iraq
	= 01  04  26	or 1 year, 4 months, and 26 days of total foreign service

	d.  Item 12f and item 18 of the applicant's DD Form 214 do not show all of his foreign service.  Therefore, it would be appropriate to correct his DD Form 214 to show he served in Kuwait/Iraq and all of his foreign service.

3.  The evidence of record shows the applicant's service in support of OIF in Kuwait/Iraq from 2 April 2003 to 27 August 2003 qualified him for award of the GWOTEM.  This service also qualified him for award of the ICM in lieu of the GWOTEM.

	a.  The applicant expressed his desire for award of the ICM.  Thus, he should be awarded the ICM in lieu of the GWOTEM.  

   b.  Records show the applicant served in Iraq during the Liberation of Iraq and Transition of Iraq campaigns.
   
   c.  Therefore, it would be appropriate to correct his DD Form 214 to show award of the ICM with two bronze service stars. 

4.  Records show the applicant entered active duty on 21 May 1999 and he was assigned overseas to Korea on 18 December 1999 for a 1-year tour of duty.  Thus, records show he qualified for award of the GWOTSM for his service in GWOT operations outside of the AOE designated for award of the GWOTEM.

5.  The evidence of record shows the applicant's service in Korea qualified him for award of the Korea Defense Service Medal.

6.  The DA Form 638 that the applicant provides shows he was recommended for the Army commendation Medal and an intermediate commander recommended downgrade of the award recommendation to an Army Achievement Medal.  However, the document does not show the award recommendation was approved or announced in orders.  Thus, there is an insufficient evidentiary basis to correct the applicant's records to show award of the Army Commendation Medal or Army Achievement Medal in this instance.

7.  Permanent orders awarded the applicant the Army Good Conduct Medal.

8.  General orders awarded the applicant's unit the:

* Valorous Unit Award
* Meritorious Unit Commendation

9.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his foreign service and awards, as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  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:

   a.  deleting the entry "0001  00  00" from item 12f of his DD Form 214 and adding the entry "0001  04  26;"

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

* Army Good Conduct Medal (1st Award)
* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Service Medal
* Korea Defense Service Medal
* Valorous Unit Award
* Meritorious Unit Commendation

	c.  adding the statement "SERVICE IN KUWAIT/IRAQ FROM 20030402-20030827" to item 18 of his DD Form 214.
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 service in Iraq from 1 April 2003 to 30 October 2003 and award of the Army Commendation Medal or Army Achievement Medal.




      _______ _   _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)                                         AR20130014933



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ABCMR Record of Proceedings (cont)                                         AR20130014933



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