IN THE CASE OF:  

		BOARD DATE:  18 December 2014	  

		DOCKET NUMBER:  AR20140008081 


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 his foreign service be shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 20 December 2003.

2.  The applicant states he served in Tikrit, Iraq, from March 2003 to November 2003 with the 1st Battalion, 22nd Infantry, 4th Infantry Division.  He served a tour of duty in Korea from July 1998 to August 1999.

3.  The applicant provides no additional evidence 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 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.  He previously enlisted in the Regular Army (RA) on 23 August 1996 for 
3 years.  His date of separation on his DD Form 214 is illegible.

3.  On 31 August 2000, he enlisted in the RA for 3 years.  His Enlisted Record Brief (ERB) shows he was assigned to Headquarters and Headquarters Company (HHC), 1st Battalion, 22nd Infantry at Fort Hood, TX on 24 January 2003.

4.  On 20 December 2003, he was released from active duty.  His DD Form 214 provides the following information in:

* Item 8a (Last Duty Assignment and Major Command) – HHC, 
1st Battalion, 22nd Infantry
* item 12c (Net Active Service This Period) – 3 years  3 months and 20 days
* item 12f (Foreign Service) 0000  00  00 indicating – no foreign service 
* item 18 (Remarks) – no entry showing a deployment 

5.  His DD Form 214 shows he was awarded the:

* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon

6.  The Defense Finance and Accounting Service (DFAS) verified the following foreign service from his master military pay account (MMPA):

* Korea - July 1998 to August 1999
* he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 7 April 2003 through 2 September 2003 for Kuwait

7.  Department of the Army General Orders Number 2009-11, dated 
16 December 2009, awarded HHC, 1st Brigade, 4th Infantry Division, including the 1st Battalion, 22nd Infantry, the Valorous Unit Award for the period 16 April 2003 to 15 March 2004.

8.  During his service in Iraq the applicant participated in two campaigns.


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

	a.  The Iraq Campaign Medal 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 Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 31 December 2011. 

	b.  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 Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.  

	c.  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), then in effect, established the standardized policy for preparing and distributing the DD Form 214.

	a.  Foreign service, taken from the ERB, performed during the period covered in item 12c (Net Active Service This Period) of the individual's DD Form 214 would be entered in item 12f.

	b.  When an active duty Soldier was deployed with his or her unit during the period covered by the DD Form 214, the entry "SERVICE IN (name of country) FROM (inclusive dates in YYYY/MM/DD format)" would be entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  His ERB and DD Form 214 show his assigned unit as HHC, 1st Battalion, 22nd Infantry.  There is no evidence he was assigned to other than his assigned unit when the unit was awarded the Valorous Unit Award.  Therefore, he is authorized this award.

2.  The applicant contends he was in Iraq from March 2003 to November 2003.  However, DFAS indicates he began receiving HF/IDP on 7 April 2003.  Using the information from DFAS and the period of the Valorous Unit Award, the only period of service in Iraq that can be positively verified is from 16 April 2003 to 
2 September 2003.  During this period he participated in two campaigns.  Therefore, he is authorized the Iraq Campaign Medal with 2 bronze service stars.

3.  He is authorized the Global War on Terrorism Service Medal.

4.  His entire period of foreign service in Kuwait/Iraq would be from 7 April 2003 through 2 September 2003, a period of 4 months and 26 days.  Therefore, item 12f of his DD Form 214 should show his foreign service as 4 months and 26 days.  An entry should be added to item 18 of his DD Form 214 showing his period of deployment to Kuwait/Iraq with his unit.

5.  DFAS confirmed his MMPA shows he was in Korea from 16 July 1998 through 22 August 1999.  Only foreign service performed during the period covered in item 12c of the individual's DD Form 214 is entered in item 12f.  The period of service in Korea would have been entered on his previously-issued 
DD Form 214.

6.  However, his service in Korea does entitle him to the Korea Defense Service Medal and this award should be added to his DD Form 214.

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 amending his DD Form 214 with a separation date of 20 December 2003 as follows:

	a.  deleting from item 12f – the entry "0000 00 00" and replacing it with the entry add "0000 04 26";
	
	b.  adding to his DD Form 214 the following awards:

* Valorous Unit Award
* Iraq Campaign Medal with 2 bronze service stars
* Global War on Terrorism Service Medal
* Korea Defense Service Medal

	c.  adding to  item 18 - the entry "SERVICE IN KUWAIT/IRAQ FROM 20030407 – 20030902."

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 any foreign service in excess of the above.



      __________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)                                         AR20140008081



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ABCMR Record of Proceedings (cont)                                         AR20140008081



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