IN THE CASE OF:	

		BOARD DATE:	  9 June 2015

		DOCKET NUMBER:  AR20140016377 


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 in:

* item 12f (Foreign Service) his 8 months of service in Iraq and 18 months of service in Korea (or 2 years and 2 months)
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Iraq Campaign Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Korea Defense Service Medal
* Overseas Service Ribbon
* Noncommissioned Officer (NCO) Professional Development Ribbon

2.  The applicant states:

	a.  Item 12f of his DD Form 214 does not reflect any foreign service but he served in Tikrit, Iraq for 8 months during Operation Iraqi Freedom (OIF) with A Company, 704th Division Support Battalion (DSB), 4th Infantry Division (ID), and in Suwon, Korea for 18 months with the 3rd Maintenance Company, 1st Battalion, 43rd Air Defense Artillery (ADA).  Item 13 of his DD Form 214 does not reflect the medals/ribbons listed above.

	b.  He believes the error occurred from a combination of his not checking when he got out of the Army, some of the awards being authorized after he separated, and the out-processing clerk at Fort Hood, TX, not properly annotating the medals/ribbons he had at the time.

3.  The applicant provides his DD Form 214, an endorsement, page 1 of two DA Forms 638 (Recommendation for Award), orders, DA Form 1059 (Service School Academic Evaluation Report (AER)), and DA Form 2166-8 (NCO Evaluation Report (NCOER)).

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's DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows he enlisted in the U.S. Army Reserve (USAR) delayed entry program (DEP) on 31 August 1998 and he was discharged from the DEP on 21 October 1998, a period of 1 month and 22 days.

3.  Page 3 of his DD Form 4 shows he enlisted in the Regular Army on 22 October 1998 (emphasis added).  His Enlisted Record Brief (ERB), dated 25 June 2001, shows he served in Korea from 8 February 2000 to 7 April 2001 (1 year and 2 months) and was credited with one overseas tour of duty.  On 17 May 2001, he was assigned to A Company, 704th DSB, 4th ID, Fort Hood, TX.

4.  He provides and his record contains an AER, dated 5 October 2001, wherein it shows he attended and successfully completed the Primary Leadership Development Course (PLDC) from 6 September to 5 October 2001 at the U.S. Army NCO Academy, Fort Hood.  On 5 October 2001, he was promoted to the rank/grade of sergeant (SGT)/E-5.

5.  On 31 March 2003, he deployed with his unit to Kuwait/Iraq in support of OIF. He provides and his record contains an NCOER he received in October 2003 for the rating period October 2002 through August 2003.  This NCOER shows he was assigned to A Company, 704th DSB, Tikrit, Iraq, at the time.  It also shows his rater gave him an "Among the Best" rating and his senior rater rated his performance/potential as "Successful/Superior."

6.  He was honorably released from active duty on 31 January 2004 in the rank of SGT and he was transferred to the USAR.  He completed 5 years, 3 months, and 10 days of credible active service with no lost time.

7.  The DD Form 214 he was issued shows the following entries:

* item 12a (Date Entered Active Duty (AD) This Period) - 1998--11--14
* item 12c (Net Active Service This Period) - 0005--02--17
* item 12e (Total Prior Inactive Service) - 0000--00--00
* item 12f - 0000--00--00
* item 13 the Army Lapel Button, Army Commendation Medal, Army Achievement Medal (2nd Award), National Defense Service Medal, and Army Service Ribbon

8.  His DD Form 214 also shows in:

* item 14 (Military Education) that he completed PLDC in October 2001
* item 18 (Remarks) his period of service in the DEP as 31 August to 21 October 1998 and his period of immediate reenlistment as 22 October 1998 to 31 January 2001; it does not reflect any deployments 
* item 27 (Reentry (RE) Code) his RE Code was 1

9.  Hs record contains his DA Form 2-1 (Personnel Qualification Record) with the last entry dated 7 April 2001.  Item 9 (Awards, Decorations and Campaigns) of this form shows he was awarded or authorized the Overseas Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and the Expert Marksmanship Qualification Badge with Grenade Bar.

10.  His record is void of orders for the Army Good Conduct Medal.  His record is also void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

11.  The Defense Finance and Accounting Service (DFAS) verified he received hostile fire (HF)/imminent danger pay (IDP) for service in Kuwait from 31 March to 31 December 2003 (9 months and 1 day).
12.  A review of the history of the 4th ID shows the division was alerted on 19 January 2003 and was scheduled to take part in the initial invasion of the Iraq War by spearheading an advance from Turkey into Northern Iraq.  The Turkish Parliament refused to grant permission to enter Turkey and the division instead arrived in Kuwait in late March 2003 and deployed to Iraq as a follow-on force in April 2003, attacking toward Tikrit and Mosul.  The 4th ID was spread all over Northern Iraq and rotated out of Iraq in the spring of 2004.

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

	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.  In instances of disqualification for the Army Good Conduct Medal as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision.  This statement will include the period of disqualification and will be referred to the individual concerned for response.  The unit commander will consider the affected individual’s statement.  If the commander’s decision remains the same, the commander will forward his or her statement, the individual’s statement, and his or her consideration for permanent filing in the individual’s Official Military Personnel File.

	c.  The Iraq Campaign Medal is awarded to members who served in direct support of OIF.  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.  A review of his records shows he participated in two campaigns during his service in Iraq.

	d.  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.

	e.  Service members qualified for the GWOTEM 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 GWOTEM in lieu of the Iraq Campaign Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.
	f.  The Global War on Terrorism Service Medal (GWOTSM) 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 (AOE) designated for award of the GWOTEM, 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 days or 60 nonconsecutive days are authorized the GWOTSM.

	g.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined.

	h.  The Overseas Service Ribbon is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status within a 24-month period get credit for a complete short tour.

	i.  The NCO Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981.  It is awarded to Active Army, Army National Guard, and USAR Soldiers for successful completion of designated NCO professional development courses.  Effective 30 March 1989, a service member will be awarded this ribbon with the numeral which identifies the highest level of NCO Education System successfully completed.  Award of the ribbon denotes completion of PLDC. 

14.  Army Regulation 635-5 (Separation Documents) 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 states in item 12f of the DD Form 214 enter the total amount of foreign service completed during the period covered by the DD Form 214.  For an active duty Soldier deployed to a foreign country, enter in item 18 the entry "SERVICE IN (name of country deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Korea for 1 year and 2 months, successfully completed his tour of service in Korea, and served during a qualifying period for award of the Korea Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

2.  His DA Form 2-1 shows he was awarded or authorized the Overseas Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship Qualification Badge with Grenade Bar.  Therefore, he is entitled to correction of his DD Form 214 accordingly.

3.  A DFAS official confirmed he received HF/IDP for service in Kuwait from 31 March to 31 December 2003 (9 months and 1 day) and his record contains an NCOER that was completed in October 2003 while he was serving in Iraq. 

	a.  A review of the history of the 4th ID shows the division deployed to Kuwait in March 2003 and moved into Iraq in April 2003.  It is reasonable to presume he arrived with his unit in Kuwait on 31 March 2003 where his entitlement to HF/IDP was processed and he subsequently moved with his unit into Iraq on or about 1 April 2003, as he served 9 months in Iraq he would be entitled to a second Overseas Service Ribbon. 

	b.  He participated in two campaigns during his service in Iraq and served during a qualifying period for award of the Iraq Campaign Medal with two bronze service stars.

	c.  Therefore, he is entitled to correction of his DD Form 214 to show these awards, the dates of his service in Kuwait/Iraq, and the total amount of his foreign service in Korea and Kuwait/ Iraq of 1 year, 11 months, and 1 day. 

4.  He served on active duty during a qualifying period for award of the GWOTSM and he successfully completed PLDC.  Therefore, he is entitled to correction of his DD Form 214 to show the GWOTSM and the NCO Professional Development Ribbon.

5.  The evidence of record shows he served honorably during the period 22 October 1998 through 31 January 2004.  He attained the rank of SGT, served in Iraq, and his record is void of any derogatory information or a commander's disqualification that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  His RE Code of 1 and transfer to the USAR indicates he was fully eligible to reenlist at the time of his release from active duty.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on his completion of a qualifying period of Federal military service and to correct his DD Form 214 to show this award.

6.  The evidence of record confirms the applicant had 1 month and 22 days of inactive service in the USAR DEP from 31 August to 21 October 1998, entered active duty on 22 October 1998 and completed 5 years, 3 months, and 10 days of credible active service.  However, his DD Form 214 shows he entered active duty on 14 November 1998, completed 5 years, 2 months, and 17 days of credible active service, and had no prior inactive service.  Therefore, his DD Form 214 should be corrected to reflect the correct information.

7.  With respect to the GWOTEM, the governing regulation states both the GWOTEM and Iraq Campaign Medal cannot be awarded for the same period of service.  As his DD Form 214 is being corrected to add the Iraq Campaign Medal with two bronze service stars, he is not entitled to correction of his DD Form 214 to show the GWOTEM.

8.  With respect to showing he had 2 years and 2 months of foreign service in Korea/Iraq, the evidence of record shows he served in Korea for 1 year and 2 months and received HF/IDP for service in Kuwait/Iraq for 9 months and 1 day. Therefore, he is not entitled to full relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 22 October 1998 through 21 October 2001
* deleting the entry in item 12a of his DD Form 214 and replacing it with the entry "1998--10--22"
* deleting the entry in item 12c and replacing it with the entry "0005--03--10"
* deleting the entry in item 12e and replacing it with the entry "0000--01--22"
* deleting the entry in item 12f and replacing it with the entry "0001--11--01
* adding to item 13 the:

* Army Good Conduct Medal (1st Award)
* Iraq Campaign Medal with two bronze service stars
* Korea Defense Service Medal
* Global War on Terrorism Service Medal
* Overseas Service Ribbon (2nd Award)
* Noncommissioned Officer Professional Development Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Hand Grenade Bar

* adding to item 18 the entry "SERVICE IN KUWAIT/IRAQ FROM 20030331-20031231"

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the GWOTEM and showing he had 2 years and 2 months of foreign service.



      _______ _   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)                                         AR20140016377





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ABCMR Record of Proceedings (cont)                                         AR20140016377



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