IN THE CASE OF:	   

		BOARD DATE:	  11 September 2014

		DOCKET NUMBER:  AR20130020578 


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 foreign service in:

* Grenada from 13 September through 3 December 1983
* Kosovo from 15 June through 1 December 1999
* Iraq from 3 February through 9 July 2003
* Afghanistan from 15 August 2003 through 16 January 2004

2.  The applicant states his DD Form 214 only indicates deployments to Operation Iraqi Freedom (OIF) from January - July 2003.  He brought up these discrepancies during his separation processing and he was told that he would be issued a DD Form 215 (Correction to DD Form 214).  He is a Department of the Army civilian and having a correct/updated DD Form 214 is instrumental in his classification of service.

3.  The applicant provides:

* Orders 198-155, dated 17 July 2003
* Orders 346-01 with manifest, dated 11 December 2004
* DA Form 2166-8 (Noncommissioned Officer (NCO) Evaluation Report) for the period August 2004 through July 2005
* DA Form 2-1 (Personnel Qualification Record)
* DD Form 214, effective 30 September 2005


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's records show he enlisted in the Regular Army on 4 August 1981 and he held military occupational specialty 88Z (Transportation Senior Sergeant) at the time of his separation.

3.  His DA Form 2-1 found in his official military personnel file shows the following deployments/overseas service:

* Grenada from 13 September to 3 December 1983
* Kosovo from 15 June through 1 December 1999
* Iraq from 3 February through 9 July 2003
* Kuwait from 16 January through 27 March 2005

4.  The applicant provided a DA Form 2-1 which has additional handwritten entries presumably made by the applicant:

* Kuwait/Iraq from 16 January through 4 August 2005
* Afghanistan through 15 August 2003

5.  He retired from active duty on 30 September 2005.  His DD Form 214 shows he was authorized or awarded the:

* Legion of Merit
* Bronze Star Medal
* Meritorious Service Medal
* Army Commendation Medal (4th Award)
* Army Achievement Medal (4th Award)
* Meritorious Unit Commendation
* Army Superior Unit Award
* Army Good Conduct Medal (7th Award)
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Global War on Terrorism Service Medal (GWOTSM)
* NCO's Professional Development Ribbon with Numeral 4
* Army Service Ribbon
* Overseas Service Ribbon (3rd Award)
* Parachutist Badge
* Driver and Mechanic Badge with Driver- W Bar
* Drill Sergeant Identification Badge

6.  Item 18 (Remarks) of this form contains the entry:  SERVICE IN OPERATION IRAQI FREEDOM FROM 20030203 TO 20030709.

7.  His Defense Finance and Accounting Service (DFAS) pay records confirms he received hostile fire/imminent danger pay (HF/IDP) for service in Kuwait from 19 February through to 9 May 2003, and in Turkey from 1 to 31 May 2004.

8.  He provides Orders 198-155, 82d Airborne Division, Fort Bragg, North Carolina, dated 17 July 2003, which assigned him to Afghanistan with a proceed date of 15 August 2003, as an individual augmentee in support of Operation Enduring Freedom (OEF).

9.  He provides Orders 346-01, Military Surface Deployment and Distribution Command, dated 11 December 2004, which assigned him to Kuwait with a proceed date of 15 January 2005 in support of OEF/OIF.

10.  He provides a DA Form 2166-8 for the period August 2004 through July 2005, which shows that as a Group Sergeant Major one of his areas of special emphasis was OIF preparations for deployment.

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

	a.  Kosovo Campaign Medal is awarded to members of the Armed Forces of the United States who, after 24 March 1999, participated in or served in direct support of designated operations.  One bronze service star will be worn for participation in each campaign.  During his service in Kosovo, he participated in the Kosovo Defense Campaign (11 June 1999 to a date to be determined).




	b.  Iraq Campaign Medal (ICM) is awarded to members who have 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 period of eligibility is on or after 19 March 2003 to 31 December 2011.  Service members 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.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  He served during the Liberation of Iraq (19 March 2003 - 
1 May 2003) and the Transition of Iraq (2 May 2003 to 28 June 2004) campaigns.

	c.  GWOTEM 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 general area of eligibility encompasses all foreign land, water, and air spaces outside the fifty 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.

	d.  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.  Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214 and states:

	a.  all decorations, badges, citations, and campaign ribbons awarded or authorized for all periods of service should be entered in item 13 of the form; and



	b.  for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show his foreign service in Grenada, Kosovo, Iraq, and Afghanistan.

2.  His DA Form 2-1 and his DFAS pay records show he served a qualifying period of service in Kuwait/Iraq for award of the GWOTEM and the ICM.  He subsequently served a second period of service in Kuwait from 16 January to 
27 March 2005 for which he would be authorized the GWOTEM.  The GWOTSM is currently listed on his DD Form 214.

3.  Based on the period he served in Iraq, he participated in the two campaigns; therefore, it would be appropriate to add the ICM with two bronze service stars to his DD Form 214.

4.  Further, this period of service is shown in item 18 of his DD Form 214 as "Service in OIF from 20030203 to 20030709."  His record should be corrected to show the entry "SERVICE IN KUWAIT/IRAQ FROM 20030203 TO 20030709."

5.  His DFAS pay records confirm that he received HF/IDP for foreign service in Turkey from 1 May to 31 May 2004 and his DA Form 2-1 shows he was also deployed to:

* Grenada from 13 September to 3 December 1983
* Kosovo from 15 June to 1 December 1999

6.  It would be appropriate to add this foreign service to his DD Form 214.

7.  He served during a qualifying period for award of the Kosovo Campaign Medal with one bronze service star.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

8.  The evidence shows he completed qualifying periods of service for award of two National Defense Service Medals; therefore, he is entitled to correction of his records to show these awards.


9.  In respect to his deployment to Afghanistan, there are no pay records or documents other than the orders provided by the applicant to confirm he served in Afghanistan.  Absent definitive evidence to the contrary, there is insufficient evidence to correct his record to show service in Afghanistan.

10.  In view of the above, he should be awarded partial relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 National Defense Service Medal from his DD Form 214.

	b.  adding the following awards his DD Form 214:

* Kosovo Campaign Medal with one bronze service star
* Iraq Campaign Medal with two bronze service stars
* National Defense Service Medal (2nd Award)

	c.  adding the following statement to item 18 of his DD Form 214: 

* SERVICE IN GRENADA FROM 830913-831203
* SERVICE IN KOSOVO FROM 990615-991201
* SERVICE IN KUWAIT/IRAQ FROM 20030303-20030709
* SERVICE IN TURKEY FROM 20040501-20040531
* SERVICE IN KUWAIT FROM 20050116-20050327




2.  The Board further determined 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 adding his period of foreign service in Afghanistan to 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)                                         AR20130020578



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ABCMR Record of Proceedings (cont)                                         AR20130020578



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