IN THE CASE OF:	  

		BOARD DATE:	  7 April 2015

		DOCKET NUMBER:  AR20140014287 


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 service in Iraq for the period March through June 2003 and all awards he is eligible to receive.

2.  The applicant states he served honorably for over 3 years and he is unable to receive benefits from the Department of Veterans Affairs due to the omission of his Iraq service from his DD Form 214.  He claims while attached to the 317th Engineer Company, Fort Benning, GA, he was deployed to Kuwait in January 2003.  In March 2003 his convoy went across the border into Iraq in support of the 2003 invasion of Iraq.  His convoy rode up Highway 80 (Highway of Death) through Fallujah and Baghdad picking up prisoners along the way.

3.  The applicant provides:

* DD Form 214
* Orders 276-2226
* Orders 148-428
* DA Form 137-2-R (Installation Clearance Record)
* DA Form 137-1-R (Unit Clearance Record)
* DA Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States)
* a letter
* 2 DA Forms 31 (Request and Authority for Leave)
* a list of names
* DD Form 2808 (Report of Medical Examination)
* North Atlantic Treaty Organization (NATO) Medal Certificate
* Outprocessing Checklist
* 6-pages of information from the internet 

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 7 March 2000.  He completed training and he was awarded military occupational specialty 21B (Engineer).  

3.  The applicant was honorably released from active duty on 20 December 2003 after completing 3 years, 9 months, and 14 days of active service.  His DD Form 214 shows he was awarded or authorized the Army Achievement Medal, National Defense Service Medal, Army Lapel Button, Army Service Ribbon, and the Overseas Service Ribbon.  His records further show he was promoted from the rank/grade of private/E-1 through specialist (SPC)/E-4. 

4.  His DD Form 214 also shows he completed 2 years, 5 months, and 29 days of foreign service.  He served in Kosovo for the period 10 January to 2 July 2001 and in Kuwait for the period 7 January to 5 July 2003.

5.  The applicant provides:

   a.  a copy of his NATO Medal Certificate for service with NATO on operations in relation to Kosovo during the period 30 November 2000 to 31 May 2001.

   b.  Orders 148-428, issued by Detachment A, 90th Personnel Services Battalion, dated 28 May 2002, which assigned him to the 3rd Infantry Division, Fort Benning, GA, with a report date of 4 September 2002.

   c.  Several documents which show he was subsequently assigned to Company B, 317th Engineer Battalion.
6.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed his Master Military Pay Account which shows he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait from 9 January through 16 July 2003.

7.  His records do not contain official orders awarding him the Army Good Conduct Medal nor do they contain any reference of disqualification for award of the Army Good Conduct Medal.

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

   a.  The Kosovo Campaign Medal is awarded to members of the Armed Forces of the United States who, after 24 March 1999, participated in or served in direct support of designated operations.  Service members must be bona fide members of a unit participating in or be engaged in direct support of the operation for 30 consecutive days in the area of eligibility (AOE) or for 60 nonconsecutive days provided this support involves entering the operation's AOE or meet one or more of several other, specified criteria.  One bronze service star will be worn for participation in each campaign (Kosovo Air Campaign and Kosovo Defense Campaign).  Qualification for a second bronze service star requires meeting the criteria for both campaigns.  The 30 consecutive or 60 nonconsecutive days that began during the Air Campaign (began on 24 March 1999 and ended on 10 June 1999) and continued into the Defense Campaign (began on 11 June 1999 to a date to be determined) entitles a member to only one bronze service star.

	b.  The NATO medal is awarded to military and civilian members of the Armed Forces of the United States for participation in designated NATO operations.  Qualified operations include those related to the former Republic of Yugoslavia (14 November 1995 to a date to be determined) and operations related to Kosovo (13 October 1998 to a date to be determined).
   
   c.  The Iraq Campaign Medal is awarded to members who 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 to 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Campaigns include the Liberation of Iraq (19 March through 1 May 2003) and the Transition of Iraq (2 May 2003 through 28 June 2004).  

	d.  Service members who qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 28 February 2005 in an area for which the Iraq Campaign Medal was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

	e.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

   f.  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 designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 
30 consecutive days or 60 non-consecutive days are authorized the Global War on Terrorism Service Medal. 

9.  Department of the Army General Order (DAGO) Number 210-22, dated            24 November 2010, shows the 317th Engineer Battalion was awarded the Presidential Unit Citation for the period 19 March to 1 May 2003.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant completed a qualifying period of service in Kosovo for award of the Kosovo Campaign Medal with one bronze service star.  Therefore, his DD Form 214 should be corrected to show this service medal.

2.  The applicant was awarded the NATO Medal for service with NATO on operations in relation to Kosovo.  This award is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

3.  The evidence of record is ambiguous with regard to the applicant's actual dates of service in Iraq.  DFAS records indicate the applicant was deployed to Kuwait from 9 January through 16 July 2003.  (At the time, he would likely have been processed into the theater of operations through Kuwait, which is likely why DFAS records show he served in that country.)

4.  The DFAS information is accepted as sufficient evidence with which to amend item 18 (Remarks) of the applicant's DD Form 214 to show he served a tour of duty in Kuwait/Iraq from 7 January to 5 July 2003 (the dates already listed on his DD Form 214).

5.  Based on the applicant's accepted dates of service in Kuwait/Iraq, the applicant participated in two campaigns during his service in Kuwait/Iraq.  Therefore, he is eligible for award of the Iraq Campaign Medal with two bronze service stars and correction of his DD Form 214 to show these awards.

6.  The applicant served a qualifying period of service for entitlement to the Global War on Terrorism Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

7.  DAGO Number 210-22 shows the applicant's unit was awarded the Presidential Unit Citation for the period 19 March to 1 May 2003.  Therefore, he is entitled to correction of his DD Form 214 to show this citation.

8.  The applicant was promoted to SPC/E-4 and there is no record of any disciplinary action taken against him or a justification of disqualification for award of the Army Good Conduct Medal.  Based on his overall record of service it appears an administrative error occurred resulting in failure to award him the first award of the Army Good Conduct Medal prior to his discharge.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 7 March 2000 through 6 March 2003 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:

* awarding him the Army Good Conduct Medal (1st Award) for the period    7 March 2000 through 6 March 2003; 

* deleting the entry "KUWAIT 030107 - 030705" from item 18 of his          DD Form 214; 

* adding the entry "KUWAIT/IRAQ 030107 - 030705" to item 18 of his        DD Form 214; and 

* amending his DD Form 214 to add the:

* Kosovo Campaign Medal with one bronze service star
* NATO Medal
* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Service Medal
* Presidential Unit Citation
* Army Good Conduct Medal (1st Award)




      _______ _   _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)                                         AR20140014287



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ABCMR Record of Proceedings (cont)                                         AR20140014287



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