BOARD DATE:	  20 May 2014

		DOCKET NUMBER:  AR20130016165 


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 any awards associated with this service.

2.  The applicant states he served during Operation Iraqi Freedom and this service is not shown on his DD Form 214.  He feels it should be shown that he fought in the war and whatever awards he may have obtained by being there.

3.  The applicant provides no additional evidence.  

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 enlisted in the Regular Army on 27 February 2002, with prior enlisted service, and he held military occupational specialty 88M (motor transport operator).  He was discharged on 11 March 2004.  His DD Form 214 lists in:

* Item 12f (Foreign Service) - zero credit
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) - Army Service Ribbon and Air Force Training Ribbon
* Item 18 (Remarks) - no service in Iraq

3.  On 20 September 2013, a staff member of the Defense Finance and Accounting Service verified the applicant received hostile fire and imminent danger pay for service in Kuwait/Iraq from 8 January 2003 through 19 July 2003, a period of 6 months and 11 days.

4.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The regulation states:

* Item 12f - will list credit for all foreign service completed during the period covered by the DD Form 214
* Item 13 - will list all awards for all periods of service
* Item 18 - for active duty Soldiers deployed with his/her unit during their continuous period of active duty, will list the entry, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"

5.  Army Regulation 600-8-22 (Military Awards) states:

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

	c.  The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 non-consecutive days in the area of eligibility (AOE), or meet other, specified criteria.  Initial award of the Global War on Terrorism Expeditionary Medal was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic AOE, including Kuwait.

	d.  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 the Global War on Terrorism operations outside of the designated areas of eligibility, on or after 11 September 2001 to a future date to be determined.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days.

	e.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Kuwait/Iraq from 8 January 2003 through 19 July 2003, a period of 6 months and 11 days.  Therefore, he is entitled to correction of item 18 of his DD Form 214 to show this service.  Based on this correction, item 12f of this DD Form 214 should be corrected to show a credit of 6 months and 11 days of foreign service for this period.  

2.  He served a qualifying period of service for award of the Iraq Campaign Medal with two bronze service stars, Global War on Terrorism Expeditionary Medal, and Global War on Terrorism Service Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  He also served a qualifying period of service for award of the National Defense Service Medal and for addition of this medal to his DD Form 214. 

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:

* deleting from item 12f of the applicant's DD Form 214 for the period ending 11 March 2004 the entry, "0000-00-00" and replacing it with the entry, "0000-06-11"
* adding to item 13 of his 2004 DD Form 214 the Iraq Campaign Medal with two bronze service stars, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, and National Defense Service Medal
* adding to item 18 of his 2004 DD Form 214 the entry, "Service in Kuwait/Iraq:  20030108-20030719"



      ___________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)                                         AR20130016165





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130016165



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1