IN THE CASE OF:  

		BOARD DATE:  28 May 2015	  

		DOCKET NUMBER:  AR20140017420 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 December 2003 be amended to correctly show his service in Iraq.  

2.  The applicant states:

* he was released from active duty shortly after returning from deployment in Iraq
* because of the large volume, he believes his Battalion S-1 (Personnel) was unable to process everyone's record of foreign service in a timely manner
* he was applying for a program in OH when he noticed his foreign service was missing

3.  The applicant provides:

* Orders Number 013-04, dated 13 January 2003, issued by Headquarters, 13th Corps Support Command, directing the applicant's unit, Headquarters Service Company, 62nd Engineer Battalion, to deploy to Kuwait
* his Leave and Earnings Statements (LES) for the period he was deployed
* two pages of photocopies, three envelopes per page, addressed from the applicant while he was deployed
* DD Form 214

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 28 September 1999.  After completing initial training, he was awarded military occupational specialty 51T (Technical Engineering Specialist).  The highest rank/grade he held was 
sergeant/E-5.  

3.  He was honorably released from active duty on 20 December 2003.  His 
DD Form 214 shows he completed 4 years, 2 months, and 23 days of net active creditable service.  His last unit of assignment was Headquarters and Headquarters Company, 62nd Engineer Battalion, Fort Hood, TX.

	a.  Item 12f (Foreign Service) is blank.

	b.  Item 18 (Remarks) contains no entries showing he deployed to Iraq.

	c.  He was awarded or authorized:

* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Army Lapel Button

4.  A review of the applicant's official military personnel file (OMPF) contains no documents pertaining to any deployments made by the applicant.

5.  According to the Defense Finance and Accounting Service (DFAS), the applicant received Hostile Fire/Imminent Danger Pay and Combat Zone Tax Exclusion for the period 19 January 2003 to 6 July 2003 for service in Kuwait/Iraq.  

6.  Department of the Army General Order (DAGO) Number 3, 2007, shows the 62nd Combat Engineer Battalion (Heavy) was awarded the Meritorious Unit Commendation (MUC) for the period 14 January 2003 to 10 July 2003.

7.  Based on DFAS' verification the applicant was deployed in Kuwait/Iraq between January and July 2003, and the fact his unit received a MUC for the period from January and July 2003, the applicant has qualifying service for two Iraq campaigns:

* Liberation of Iraq (19 March 2003 to 1 May 2003)
* Transition of Iraq (2 May 2003 to 28 June 2004)

8.  His available records contain two awards which do not appear on his DD Form 214.

	a.  Permanent Orders (PO) Number 268-03, dated 25 September 2002, issued by Engineer Brigade awarded the applicant the Army Achievement Medal.

	b.  PO Number 20-166, dated 15 June 2003, issued by Headquarters 416th Engineer Command awarded the applicant the Army Commendation Medal.

9.  The applicant provides:

	a.  Orders Number 013-04 directing the applicant's unit, Headquarters Service Company, 62nd Engineer Battalion, to deploy to Kuwait.  No by-name list is attached and nothing shows the applicant deployed with his unit.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes policy and procedures for the completion of the DD Form 214.  

	a.  Regarding item 12f it states the source of the entry is the Officer Record Brief (ORB)/Enlisted Record Brief (ERB).

	b.  As to entering dates of service while being deployed, the regulation states, for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter "service in (name of country deployed) from (inclusive dates shown as YYYYMMDD - YYYYMMDD."

10.  Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards.  It states:

	a.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (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 through 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  

	b.  The Global War on Terrorism Expeditionary Medal is authorized for award to members who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general AOE encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria including:  (1) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE; or (2), is killed, wounded, or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time.) 

	c.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons 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.  

	d.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his deployment to Iraq be reflected on his DD Form 214.  

2.  DFAS shows the applicant served in Kuwait/Iraq during the period 19 January 2003 to 6 July 2003.  Based on this, his DD Form 214 should be amended to show 5 months and 18 days of foreign service and that he served in Kuwait/Iraq.

3.  The applicant's records show two awards which do not appear on his 
DD Form 214, the Army Commendation Medal and the Army Achievement Medal.  They should be added.  

4.  He also has qualifying service to be awarded the Iraq Campaign Medal with two bronze service stars and the Global War on Terrorism Expeditionary Medal.  

	a.  The Army considers 19 March 2003 as the official date when Operation Iraqi Freedom commenced.

	b.  Because he is shown as serving in Kuwait/Iraq he meets the criteria for both awards.

5.  He was assigned to the 62nd Combat Engineer Battalion when it received the Meritorious Unit Citation.  His DD Form 214 should be amended to reflect this award.

6.  He appears to be eligible for the award of the Army Good Conduct Medal and this award should be added to his DD Form 214.  He meets the following requisite qualifications:

* he honorably completed 3 years
* there is no derogatory information in his record
* he was awarded an Army Achievement Medal 
* there is no commander's disqualification memorandum in his record

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:

	a.  Awarding the Army Good Conduct Medal (1st Award) for the period 28 September 1999 to 27 September 2002.

	b.  In item 12f of his DD Form 214, delete the entries showing 0000/00/00 and replace with 0000/05/18.

	c.  In item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), DD Form 214, add:

* Army Commendation Medal
* Army Achievement Medal
* Army Good Conduct Medal
* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Expeditionary Medal
* Meritorious Unit Citation

	d.  In item 18, DD Form 214, add the entry "Service in Kuwait/Iraq 20030119-20030706."




      __________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)                                         AR20140017420





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ABCMR Record of Proceedings (cont)                                         AR20140017420



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