BOARD DATE:	  24 February 2015

		DOCKET NUMBER:  AR20140010962 


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 deployment to Iraq.

2.  The applicant states:

* his DD Form 214 does not reflect the time he spent in Iraq during Operation Iraqi Freedom from April to June 2003
* his unit was supporting the 49th Quartermaster Group
* while out-processing, his DD Form 214 was processed by an individual who wasn't aware of his overseas service

3.  The applicant provides the:

* first page of a DA Form 638 (Recommendation for Award)
* second page of DA Form 2166-8 (Noncommissioned Officer Evaluation)

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 29 June 1994 and trained as a water treatment specialist.

3.  He provided the first page of an undated DA Form 638 for award of the Army Commendation Medal.  This form states:

* he served proudly during Operation Iraqi Freedom from April to June 2003
* he served in Iraq

4.  He also provided the second page of a DA Form 2166-8, dated August 2003, which states he escorted numerous convoys from Kuwait to Baghdad during Operation Iraqi Freedom.

5.  On 21 September 2003, he was honorably released from active duty.

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

* Army Commendation Medal
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Army Lapel Button
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Air Assault Badge 
* Driver and Mechanic Badge

7.  Item 18 (Remarks) of his DD Form 214 does not show any deployments.

8.  The Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait from 22 April through 18 June 2003.

9.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members of the Armed Forces of the United States who served in direct support of Operation Iraqi Freedom.  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.  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 Service Medal is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility 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 or 60 nonconsecutive days, are authorized award of the Global War on Terrorism Service Medal.

11.  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 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)."

DISCUSSION AND CONCLUSIONS:

1.  The DA Form 638 and DA Form 2166-8 the applicant provided showing he served in Iraq in support of Operation Iraqi Freedom are accepted as sufficient evidence verifying his service in Iraq.  Additionally, DFAS confirms he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait during the period 22 April to 18 June 2003.  This evidence is sufficient to show he served in Kuwait/Iraq during this period.  Therefore, item 18 of his DD Form 214 should be corrected to show he served in Kuwait/Iraq from 22 April to 18 June 2003.


2.  As a related issue, based on his service in Kuwait/Iraq and participation in two campaigns, he is authorized award of the Iraq Campaign Medal with two bronze service stars.  Therefore, his DD Form 214 should be corrected to show this medal.

3.  He served a period of qualifying service for award of the Global War on Terrorism Service Medal.  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.  adding award of the Iraq Campaign Medal with two bronze service stars and Global War on Terrorism Service Medal to his DD Form 214; and

	b.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20030422-20030618" 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)                                         AR20140010962



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140010962



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1