BOARD DATE:  4 August 2015

		DOCKET NUMBER:  AR20150000329 


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 Operation Iraqi Freedom (OIF) and all his authorized awards.

2.  The applicant states the awards were created after he left the Army and are not listed on his DD Form 214.

3.  The applicant provides a copy of his 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 4 January 2000.  He held military occupational specialty 19D (Cavalry Scout)
3.  He was released from active duty on 3 January 2004 due to completion of required service as a sergeant (SGT)/E-5.  He had completed 4 years of active duty service.  His DD Form 214 shows in:

	a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Army Achievement Medal (2nd Award), Presidential Unit Citation (Army), Army Good Conduct Medal, National Defense Service Medal, Armed Forces Expeditionary Medal, Kosovo Campaign Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Army Lapel Pin, NATO Medal (Yugoslavia), Expert Marksmanship Qualification Badge with Grenade Bar, Marksman Marksmanship Qualification Badge with Rifle Bar, Parachutist Badge, and Driver and Mechanic Badge.

	b.  Item 18 (Remarks), no entry for deployment.

4.  His records contain a DA Form 2166-6 (NCO Evaluation Report) (NCOER) for the period September 2002 through August 2003.  The NCOER shows in:

	a.  Part III (Duty Description) item d (Areas of Special Emphasis), in part, "Operation Desert Spring (Kuwait), Operation Iraqi Freedom (OIF)."

	b.  Part IVb (Competence) the comment, "his crew helped capture up to 70 potential hostiles within Baghdad under combat conditions with limited personnel."

5.  The Defense Finance and Accounting Service confirmed he received hostile fire pay/imminent danger pay for service in Macedonia from 11 May 2001 through 11 November 2001 and for Kuwait from 21 January 2003 through 24 August 2003.

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

	a.  Global War on Terrorism Service Medal is authorized for award to all Soldiers on active duty on or after 11 September 2001 to a date to be determined. 

	b.  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.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  The applicant's service in Iraq coincides with the Liberation of Iraq (19 March 2003 - 1 May 2003) and Transition of Iraq (2 May 2003 - 28 June 2004) campaigns.
7.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It states for item 18, for an active duty Soldier deployed to a foreign country with his or his unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  Although DFAS's confirmation indicates he was deployed only to Kuwait, evidence shows he was also in Iraq.  As such, he is entitled to correction of his DD Form 214 to show he served in Kuwait/Iraq from 21 January 2003 through
24 August 2003.

2.  DFAS also confirmed he was deployed to Macedonia from 11 May 2001 through 11 November 2001. 

3.  The available evidence shows he served a qualifying period for award of the Global War on Terrorism Service Medal and the Iraq Campaign Medal with two bronze service stars.

4.  In view of the foregoing, there is sufficient evidence to correct the applicant’s record to show his deployed service and associated awards on his DD Form 214.

BOARD VOTE:

_X_______  __X______  __X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  adding to item 13 of his DD Form 214 the Global War on Terrorism Service Medal and the Iraq Campaign Medal with two bronze service stars; and 

	b.  adding to item 18 of his DD Form 214:

* "Service in Macedonia from 11 May 2001 through 11 November 2001"
* "Service in Kuwait/Iraq from 21 January 2003 through 24 August 2003"



      ___________  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)                                         AR20110011043



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ABCMR Record of Proceedings (cont)                                         AR20150000329



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