IN THE CASE OF:	   

		BOARD DATE:	  19 August 2014

		DOCKET NUMBER:  AR20130021297 


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 Iraq.

2.  The applicant states he served in Iraq with the 2nd Battalion (BN), 5th Field Artillery (FA) but his DD Form 214 does not show his foreign service.  He returned stateside earlier than the rest of his unit because he was getting out of the service.

3.  The applicant provides three orders, a travel voucher, and a customs declaration form.  

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 23 February 2001 for a period of 3 years and he held military occupational specialty 13B (Cannon Crewmember).  He was promoted to the rank/grade of specialist (SPC)/E-4 on 1 December 2002.  He was assigned to the 2nd BN, 5th FA, 3rd Armored Cavalry Regiment (ACR), Fort Sill, OK. 

3.  The applicant provides Permanent Orders 162-1, dated 11 June 2003, issued by Headquarters, 3rd ACR, Iraq, announcing award of the 3rd U.S. Cavalry Regiment Shoulder Sleeve Insignia for Former Wartime Service to the 3rd ACR and its subordinate units, to include the 2nd BN, 5th FA, for participation in Operation Enduring Freedom/Operation Iraqi Freedom (OIF).

4.  He also provides a Travel Voucher, dated 23 December 2003, signed by his supervisor that shows he departed Fort Sill on 12 April 2003; arrived in Kuwait on 13 April 2003; departed Iraq on 17 December 2003; and arrived back at Fort Sill on 18 December 2003. 

5.  On 22 February 2004, he was honorably released from active duty and he was transferred to the U.S. Army Reserve in the rank of SPC.  He completed 3 years of creditable active service with no lost time.

6.  The DD Form 214 he was issued shows the following entries:

* item 12f (Foreign Service) - 0000-00-00
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) - National Defense Service Medal and Army Service Ribbon
* item 18 (Remarks) does not reflect any deployment to a foreign country 

7.  Item 27 (Reentry (RE) Code) of his DD Form 214 contains the RE code of 1 that indicated he was fully eligible to reenlist at the time of his release from active duty.  

8.  His record does not contain a commander's disqualification, record of a court-martial conviction, or other adverse action that would disqualify him for award of the Army Good Conduct Medal.  

9.  On 29 July 2014, by email, a Defense Finance and Accounting Service official verified the applicant received hostile fire/imminent danger pay for service in Kuwait from 13 April through 17 December 2003.


10.  A review of the 3rd ACR history shows the 3rd ACR, to include the 2nd BN, 5th FA, was designated to invade Iraq through Turkey in 2003.  However, due to Turkey's refusal to allow U.S. Forces to enter the country, the 3rd ACR deployed to Kuwait and entered Iraq from Kuwait in late April 2003.

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

	a.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

	b.  In instances of disqualification for the Army Good Conduct Medal as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision.  This statement will include the period of disqualification and will be referred to the individual concerned for response.  The unit commander will consider the affected individual’s statement.  If the commander’s decision remains the same, the commander will forward his or her statement, the individual’s statement, and his or her consideration for permanent filing in the individual’s Official Military Personnel File.

	c.  The Iraq Campaign Medal is awarded to members who served in direct support of OIF.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  A review of his records shows he participated in two campaigns during his service in Iraq.

	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.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days are authorized the Global War on Terrorism Service Medal.  

12.  A review of the U.S. Army Human Resources Command website shows the 2nd BN, 5th FA, 3rd ACR, was cited for award of the Valorous Unit Award for the period 25 April through 18 September 2003 by Department of the Army General Orders (GO) Number 11, dated 2009.

13.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  For item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.  For item 18 for an active duty Soldier deployed to a foreign country, enter "SERVICE IN (name of country deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Kuwait/Iraq from 13 April through 17 December 2003 (8 months and 5 days) which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this foreign service and the dates of this service.

2.  The evidence of record confirms he served honorably during the period 23 February 2001 through 22 February 2004.  He served in Iraq and was promoted to the rank of SPC.  His record is void of any derogatory information or a commander's disqualification that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show this award.

3.  He served during a qualifying period for award of the Global War on Terrorism Service Medal and Iraq Campaign Medal and participated in two campaigns during his service in Iraq; therefore, his DD Form 214 should be corrected accordingly.

4.  GO awarded his unit the Valorous Unit Award during a period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

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:  

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 23 February 2001 through 22 February 2004
* deleting the entry in item 12f of his DD Form 214 and replacing it with the entry "0000-08-05"
* adding to item 13 of his DD Form 214 the:

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

* adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT/IRAQ FROM 20030413-20031217"



      _______ _   _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)                                         AR20130021297



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ABCMR Record of Proceedings (cont)                                         AR20130021297



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