IN THE CASE OF:	  

		BOARD DATE:	  10 February 2015

		DOCKET NUMBER:  AR20140009916 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployment to Iraq and any awards or decorations to which he may be entitled for this service.

2.  The applicant states: 

* his tour in Iraq does not show on his DD Form 214
* he reenlisted in Iraq
* he participated in Operation Iraqi Freedom from 2003/2004 and there is no documentation such as orders, an expeditionary medal, or proof on his DD Form 214

3.  The applicant provides a copy of his DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 21 November 2003.
 
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 8 June 2001 for 3 years and trained as a field artillery automated tactical data systems specialist.  He was honorably discharged on 20 November 2003 for immediate reenlistment.  He reenlisted on 21 November 2003 for a period of 6 years.  Item 4 (Place of Enlistment/Reenlistment) of his DD Form 4, dated 21 November 2003, shows the entry "HSB, 3RD BN, 16TH FA, 4ID, APO AE 09323 [Headquarters and Service Battery, 3rd Battalion, 16th Field Artillery Regiment, 4th Infantry Division, Army Post Office]."

3.  The Defense Finance and Accounting Service confirmed he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait from 7 April 2003 to 29 March 2004 (a total of 11 months and 23 days).

4.  On 17 August 2007, he was discharged.

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

* National Defense Service Medal 
* Global War on Terrorism Service Medal
* Army Service Ribbon
* overseas service ribbon

6.  Item 12f (Foreign Service) of this DD Form 214 does not show any foreign service.  Item 18 (Remarks) does not show any deployments.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214.  The regulation provided that for:

* item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) from the Soldier's record
* item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"

8.  Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Expeditionary Medal (GWOTEM) 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 (AOE) 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.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.

9.  Army Regulation 600-8-22 further states service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the AOE or meet other specified criteria.

10.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic AOE including Kuwait and Iraq.

11.  Information obtained from the Internet states APO AE  09323 is the zip code for the 4th Infantry Division in Iraq.

DISCUSSION AND CONCLUSIONS:

1.  DFAS records, combined with his reenlistment document, confirmed the applicant deployed to Kuwait/Iraq from 7 April 2003 through 29 March 2004.  Therefore, item 18 of his DD Form 214 should be corrected to show his service in Kuwait/Iraq from 7 April 2003 to 29 March 2004.  In addition, item 12f of his DD Form 214 should be corrected to show he completed a total of 11 months and 23 days of foreign service.

2.  Based on his service in Kuwait/Iraq from 7 April 2003 to 29 March 2004, he is authorized award of the GWOTEM.  Therefore, his DD Form 214 should be corrected to show this medal.



BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

	a.  deleting the current entry in item 12f of his DD Form 214 and replacing it with the entry "0000  11  23,"

	b.  adding award of the GWOTEM to his DD Form 214, and

	c.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20030407-20040329" to item 18 of 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)                                         AR20140009916



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ABCMR Record of Proceedings (cont)                                         AR20140009916



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