IN THE CASE OF: 

		BOARD DATE:	    8 May 2014

		DOCKET NUMBER:  AR20140006446 


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

2.  The applicant states he served during Operation Iraqi Freedom from 25 February 2003 to 21 February 2004.  

3.  The applicant provides:

* DD Form 214
* DA Form 2-1 (Personnel Qualification Record)
* Medical, dental, and immunization records
* Separation packet
* Deployment orders

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.  Having had prior service in the Army National Guard, the applicant enlisted in the Regular Army on 23 January 2003 and he held military occupational specialty 88M (Motor Transport Operator). 

3.  He was assigned to the 3rd Battalion, 502nd Infantry, 101st Airborne Division, Fort Campbell, KY. 

4.  On 20 February 2003, Headquarters, 101st Airborne Division published Orders 051-729 ordering the 3rd Battalion, 502nd Infantry deployed in support of Operation Enduring Freedom for 179 days, on or about 3 March 2003.  Attached to the order is a listing of names that included the applicant's name.

5.  On 26 January 2004, he completed a Post-Deployment Health Assessment and listed his dates of deployment as 8 March 2003 to 19 February 2004 and that he arrived at Camp New York in Kuwait and then moved to Mosul, Iraq.

6.  His pay records at the Defense Finance and Accounting Service show he received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 7 March 2003 to 20 February 2004. 

7.  He was honorably discharged on 9 July 2004.  His DD Form 214 shows he completed 1 year, 5 months, and 7 days of active duty.  It also shows in:

* block 12f (Foreign Service) – the entry "0000-00-00"
* block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – Global War on Terrorism Service Medal, National Defense Service Medal, and Army Service Ribbon
* block 18 (Remarks) –no service in Kuwait/Iraq is listed

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance for preparation of the DD Form 214.  It states that for block 12f to enter the total active duty performed outside continental United states during the period covered by the DD Form 214; for item 13 to list all awards and decorations from the Soldier's records; and for block 18, for Soldier deployed with his or her unit during their continuous period of active service, enter a statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
9.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  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 through 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  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)

10.  Army Regulation 600-8-22 states 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 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.  

11.  Only one award of the Iraq Campaign Medal or Afghanistan Campaign Medal may be authorized for any individual, and under no condition will personnel or units receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service. 

12.  Army Regulation 600-8-22 states the Overseas Service Ribbon is authorized to all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status for successful completion of overseas tours.
Table 3-2 of Army Regulation 614-30 (Overseas Service) identifies tour lengths. 

13.  A Frequently Asked Questions Document from the U.S. Army Human Resources Command Military Awards Branch, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed to Iraq or Afghanistan.  The document states, "Question:  How long do I have to serve in Iraq or Afghanistan to be awarded the Overseas Service Ribbon?  Answer:  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  Provided is a clarification statement the proponent to Army Regulation 614-30 has provided our office:  Soldiers who serve a minimum of 11 cumulative months 
or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour.  The reference is Army Regulation 614-30, table 3-2, rules 5 and 7.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by DOD; therefore, the Army gives equivalent credit for periods of change of station/tour of duty."

DISCUSSION AND CONCLUSIONS:

The applicant provides deployment orders as well as a Post-Deployment Health Assessment indicating he served in Kuwait/Iraq from 7 March 2003 to 24 February 2004, a period of 11 months and 8 days.  These dates are consistent with his pay records that show he received HFP/IDP and CZTE for service in Kuwait from 7 March 2003 to 20 February 2004.  Based on this service: 

	a.  He is entitled to correction of item 12f of his DD Form 214 to show completion of 11 months and 18 days of foreign service. 

	b.  He is entitled to award of the Iraq Campaign Medal with two bronze service stars to designate his participation in two campaigns and correction of his DD Form 214 to show this award.  

	c.  He is not entitled to award of the Global War on Terrorism Expeditionary Medal because under no condition will personnel receive the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal for the same action, time period, or service.

	d.  He is entitled to award of the Overseas Service Ribbon by virtue of having completed 11 months and 18 days of overseas service in Kuwait/Iraq and correction of his DD Form 214 to show this award.  

	e.  He is entitled to correction of item 18 of his DD Form 214 to show his combat service in Kuwait/Iraq from 7 March 2003 to 24 February 2004.







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:

* deleting from item 12f the entry "0000-00-00" and adding the entry    "0000-11-18"
* adding to item 13 the Iraq Campaign Medal with two bronze service stars and the Overseas Service Ribbon
* adding to item 18 the entry "SERVICE IN KUWAIT/IRAQ FROM 20030307-20040224"

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 the Global War on Terrorism Expeditionary Medal or showing he served in Kuwait/Iraq from 25 February 2003 to 21 February 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)                                         AR20140006446



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ABCMR Record of Proceedings (cont)                                         AR20140006446



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