IN THE CASE OF:	   

		BOARD DATE:	      9 April 2015

		DOCKET NUMBER:  AR20140013731 


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 Kuwait/Iraq and corresponding awards and decorations. 

2.  The applicant states he does not know why his DD Form 214 is incomplete and/or inaccurate.  He just wants a review of his records so that his DD Form 214 reflects his full service. 

3.  The applicant provides: 

* DD Form 214
* DA Form 638 (Recommendation for Award)
* Record of Deployment Status
* Leave and Earnings Statements from April 2003 to December 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 16 February 2001 and he held military occupational specialty 63D (Field Artillery System Mechanic).  He was assigned to the 4th Battalion, 42nd Field Artillery, 4th Infantry Division, Fort Hood, TX. 

3.  Headquarters, 4th Battalion, 42nd Field Artillery, Fort Hood, published the following permanent orders (PO): 

* PO Number 328-02, on 24 November 2003, awarding him the Mechanic Badge
* PO Number 328-38, on 24 November 2003, awarding him the Drivers Badge with Track Vehicle

4.  He provides:

	a.  DA Form 638, showing PO Number 265-02, issued by Headquarters, 4th Battalion, 42nd Field Artillery, Ad Dawr, Iraq, on 23 September 2003, awarding the Army Achievement Medal for meritorious service from 21 July 2001 to 15 February 2004. 

	b.  Leave and Earnings Statements from April 2003 to December 2003 showing he received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) from 1 April 2003 to 16 November 2003. 

	c.  A memorandum, dated 21 January 2004, Subject: Record of Deployment Status, issued by the battery commander, Headquarters and Headquarters Battery, 4th Battalion, 42nd Artillery, Fort Hood, TX, confirming his deployment in support of Operation Iraqi Freedom from 1 April 2003 to 22 November 2003. 

5.  He was honorably released from active duty in the rank/grade of specialist (SPC)/E-4 on 15 February 2004 by reason of completion of his required service.  He completed 3 years of active service with no lost time.  His DD Form 214 shows in:

* Item 12f (Foreign Service) - the entry "0000-00-00"
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Army Lapel Button, National Defense Service Medal, and Army Service Ribbon
* Item 18 (Remarks) no service in a HFP/IDP and CZTE area 
6.  The Defense Finance and Accounting Service, Indianapolis, IN, confirmed by email, dated 22 August 2014, the applicant received HF/IDP and CZTE from 2 April 2003 to 16 November 2003 for service in Kuwait.

7.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states for:

* block 12f enter the total amount of foreign service completed during the period covered by the DD Form 214
* block 13, enter all awards, decorations, and badges
* block 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) From  YYYYMMDD - YYYYMMDD)"

8.  His records do not contain any derogatory information in the form of lost time, nonjudicial punishment, court-martial conviction, or a suspension of favorable personnel actions.  Likewise, his records do not show he was awarded the Army Good Conduct Medal during his military service.

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

	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.  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 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 consecutives or 60 nonconsecutive days are authorized award of the Global War on Terrorism Service Medal.

	c.  The Iraq Campaign Medal is awarded to members who served in direct support of 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 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 to 31 December 2011)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's pay records, award of the Army Achievement Medal, and Record of Deployment Status confirm he served in Kuwait/Iraq from 1 April 2003 to 22 November 2003, a period of 7 months and 21 days.  Therefore, items 12f and 18 of his DD Form 214 should be corrected to show this deployment/foreign service. 

2.  This period of service in Kuwait/Iraq also qualifies him for award of the Global War on Terrorism Service Medal and Iraq Campaign Medal.  Additionally, he participated in the Liberation of Iraq (19 March 2003-1 May 2003) and the Transition of Iraq (2 May 2003-28 June 2004) campaigns.  He is authorized two bronze service stars to be worn with the Iraq Campaign Medal and his DD Form 214 should be corrected accordingly.

3.  PO awarded him the Army Achievement Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

4.  PO awarded him the Mechanic Badge and Drivers Badge with Track Vehicle. Therefore, he is entitled to correction of his DD Form 214 to show these badges. 

5.  He served honorably during the period 16 February 2001 through 15 February 2004.  He completed 3 years of active service and his service was terminated by completion of his required service.  There is no derogatory information on file that would have disqualified him from receiving the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of active Army service and correct his DD Form 214 to show this 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:

* deleting from item 12f of his DD Form 214 the entry "0000-00-00" and adding the entry "0000-07-21"
* awarding him the Army Good Conduct Medal (1st  Award) for exemplary behavior, efficiency, and fidelity during the period 16 February 2001 through 15 February 2004
* adding to item 13 of his DD Form 214 the Army Good Conduct Medal (1st Award), Army Achievement Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal with two bronze service stars, Mechanic Badge, and Driver's Badge with Track Vehicle
* adding to item 18 of his DD Form 214 the entry "Service in Kuwait/Iraq 20030401-20031122"



      _____________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)                                         AR20140013731





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ABCMR Record of Proceedings (cont)                                         AR20140013731



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