IN THE CASE OF:  	  

		BOARD DATE:  10 September 2015	  

		DOCKET NUMBER:  AR20150001380 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Iraq and his authorized awards.

2.  The applicant states his DD Form 214 does not show his foreign service in Iraq nor all of his authorized awards.  He states that he served in Kuwait and Iraq from 26 March 2003 to 30 March 2004.

3.  The applicant provides copies of his –

* deployment orders
* Record of Medical Treatment
* DD Form 2796 (Post-Deployment Health Assessment)
* 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 May 2000 for a period of 
4 years.  He was awarded military occupational specialty 63B (Light Wheel Vehicle Mechanic).  He was promoted to the rank of specialist (SPC)/pay grade E-4 on 4 July 2002.

3.  The applicant's DD Form 214 shows he was honorably released from active duty on 1 June 2004, based on completion of required active service, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his reserve obligation.  He had completed 4 years and 28 days of net active service this period.  It also shows in:

   a.  item 12 (Record of Service), block f (Foreign Service):  0 years, 0 months, and 0 days;

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

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

   c.  item 18 (Remarks), no entry that he deployed to a foreign country during this period of active service.

4.  In support of his application the applicant provides the following documents:

   a.  Headquarters, 13th Corps Support Command, Fort Hood, TX, 
Orders 029-11, dated 29 January 2003, and accompanying 664th Ordnance Company, Main Body Alpha Roster, that show, on or about 9 February 2003, the applicant deployed with his unit to the United States European Command area of responsibility in support of Operation Iraqi Freedom (OIF) for a period of 
179 days.

   b.  Record of Medical Treatment that shows the applicant received medical treatment on 2 June 2003 for inguinal pain and swelling.  It also shows he was issued a physical profile while in the theater of operations and referred for a general surgical consultation to assess the medical condition for repair.


   c.  Post-Deployment Health Assessment, completed on 3 March 2004, that shows, in pertinent part, the applicant arrived in the theater of operations on 
26 March 2003 and departed on 30 March 2004.

5.  The Defense Finance and Accounting Service confirmed the applicant received hostile fire pay/imminent danger pay and combat zone tax exclusion from 31 March 2003 through 27 March 2004 for Kuwait.

6.  Headquarters, Department of the Army, Washington, DC, General Orders Number 2010-08, dated 22 July 2010, awarded the Meritorious Unit Commendation to Headquarters and Headquarters Detachment, 553rd Support Battalion, and assigned and attached units, including the 664th Ordnance Company, for exceptionally meritorious conduct in the performance of outstanding service during the period 2 April 2003 to 30 April 2004.

7.  A review of the applicant's military personnel records failed to reveal evidence that he was awarded the Army Good Conduct Medal (AGCM).  This review also failed to reveal any adverse or derogatory information, or evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the AGCM (1st Award).

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

	a.  The AGCM 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 AGCM, disqualification must be justified.  

	b.  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 (GWOT) operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (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 in operations approved by the Secretary of Defense.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.  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.

   c.  The Overseas Service Ribbon (OSR) is awarded for successful completion of overseas tours.  (Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour.)

	d.  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 GWOT operations outside of the AOE designated for award of the GWOTEM, 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 nonconsecutive days are authorized the GWOTSM.

9.  Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214.  It shows for:

	a.  item 12, block f, enter total amount of foreign service completed during the period covered in item 12, block c (Net Active Service This Period);

	b.  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; and

	c.  item 18, for an active duty Soldier deployed with his unit to a foreign country during their continuous period of active service enter:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates, for example YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his overseas service in Iraq and Kuwait and all of his authorized awards.

2.  Based on the evidence of record, it is concluded that the applicant served in Southwest Asia (SWA) during the period 31 March 2003 to 27 March 2004.


3.  A calculation of this period of overseas service shows:

	2004  03  27	date of redeployment
	- 2003  03  31	date of deployment
	=     00  11  26
	+                   1	day inclusive
	=     00  11  27	total foreign service Iraq/Kuwait

4.  Item 12, block f, and item 18 of the applicant's DD Form 214 do not show his service in SWA.  Therefore, it would be appropriate to correct his DD Form 214 to show his overseas deployment in SWA and total foreign service.

5.  The applicant's service in support of OIF in Iraq from 26 March 2003 to 
30 March 2004 qualified him for award of the GWOTEM.  This service also qualified him for award of the OSR.  In addition, his service outside of the AOE designated for award of the GWOTEM qualified him for award of the GWOTSM.

6.  General orders awarded his unit the Meritorious Unit Commendation.

7.  The applicant served a period of continuous, honorable active duty enlisted service from 4 May 2000 through 1 June 2004.

   a.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM.

	b.  He attained the rank of SPC (E-4).

	c.  Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (1st Award) for the period 4 May 2000 through
3 May 2003.

8.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his foreign service and awards, as recommended below.

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 him the Army Good Conduct Medal (1st Award) for the period 
4 May 2000 through 3 May 2003 (Standard Name Line:  SPC  664th Ordnance Company, 13th Corps Support Command, Fort Hood, TX  76544); 

   b.  deleting the current entry from item 12, block f of his DD Form 214 and adding the entry:  "0000  11  27"  (i.e., 11 months and 27 days);

	c.  adding the following awards to item 13 of his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Overseas Service Ribbon
* Meritorious Unit Commendation

	d.  adding to item 18 of this DD Form 214 the entry:  "SERVICE IN IRAQ/KUWAIT FROM 20030331–20040327."




      _______ _   _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)                                         AR20150001380



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ABCMR Record of Proceedings (cont)                                         AR20150001380



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