IN THE CASE OF:	  

		BOARD DATE:	  14 May 2015

		DOCKET NUMBER:  AR20140015595 


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 Iraq.

2.  The applicant states he served in Iraq from about April to July 2003 and it is not shown on his DD Form 214. 

3.  The applicant provides no additional evidence.

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 3 January 2002 and he held military occupational specialty 19D (Cavalry Scout).  He was assigned to Troop H, 10th Cavalry Regiment, 4th Infantry Division (ID), Fort Hood, TX.
3.  On 7 April 2003, he deployed with his unit to Kuwait and then to Iraq.  On 22 June 2003, while serving in Iraq, he was diagnosed with a personality disorder and recommended for separation action under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel).  

4.  On 12 July 2003, he was medically evacuated from Iraq and assigned to the Rear Detachment, Troop H, 10th Cavalry Regiment, 4th ID, Fort Hood, pending an administrative discharge.

5.  He was honorably discharged on 12 November 2003.  The DD Form 214 he was issued shows in:

	a.  Item 12f (Foreign Service) the entry "0000--00--00."

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Lapel Button
* National Defense Service Medal
* Army Service Ribbon

	c.  Item 18 (Remarks) is void of an entry that shows he had any foreign service. 

6.  On 23 September 2014, by email, a Defense Finance and Accounting Service (DFAS) official verified he received hostile fire (HF)/imminent danger pay (IDP) for service in Kuwait from 7 April to 12 July 2003 (3 months and 6 days).

7.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 31 December 2011.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  A review of his record shows he participated in two campaigns during his service in Iraq.

	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 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 are authorized the Global War on Terrorism Service Medal.

8.  A review of the U.S. Army Human Resources Command website shows Troop H, 10th Cavalry, 4th ID, was cited for award of the Valorous Unit Award for the period 24 April 2003 through 22 March 2004 by Department of the Army General Orders (GO) 2010-16, dated 3 September 2010.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214.  It provided that an active duty Soldier deployed with his or her unit during their continuous period of active duty would have item 18 annotated with "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  A DFAS official confirmed the applicant received HF/IDP for service in Kuwait from 7 April to 12 July 2003, a period of 3 months and 6 days.  GO awarded his unit the Valorous Unit Award for participation in military operations in Iraq beginning on 24 April 2003.  It is presumed he deployed with his unit to Kuwait on 7 April 2003 where his entitlement to HF/IDP was processed and the unit subsequently proceeded to Iraq.  Therefore, he is entitled to correction of his DD Form 214 to show his foreign service in Kuwait/Iraq.

2.  He served in Iraq and participated in two campaigns during a qualifying period for entitlement to the Iraq Campaign Medal with two bronze service stars and he served on active duty during a qualifying period for entitlement to the Global War on Terrorism Service Medal.  Therefore, he is entitled to correction of his DD Form 214 accordingly. 

3.  GO awarded his unit the Valorous Unit Award during his period of service in the unit.  Therefore, he is entitled to correction of his DD Form 214 to show this unit 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 amending his DD Form 214 as follows:

* deleting the current entry in item 12f and replacing it with the entry "0000--03--06"
* adding to item 13 the Iraq Campaign Medal with two bronze service stars, Global War on Terrorism Service Medal, and the Valorous Unit Award
* adding to item 18 of his DD Form 214 the entry “SERVICE IN KUWAIT/IRAQ FROM 20030407-20030712”



      __________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)                                         AR20140015595





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ABCMR Record of Proceedings (cont)                                         AR20140015595



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