IN THE CASE OF:	  

		BOARD DATE:	  3 September 2015

		DOCKET NUMBER:  AR20150002304 


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:

	a.  An upgrade of his general under honorable conditions discharge to honorable because he has been diagnosed with post-traumatic stress disorder (PTSD).

	b.  Correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Iraq Campaign Medal or the Global War on Terrorism Expeditionary Medal.

	c.  The addition of his foreign service in Iraq to his DD Form 214.

2.  The applicant states he was deployed to Iraq from February 2003 to October 2003 and served with the 94th Engineer Combat Battalion (Heavy), 130th Engineer Brigade.

3.  The applicant provides:

* Army Commendation Medal Certificate 
* Member - 1 copy of his DD Form 214
* Orders Number 343-0002, dated 8 December 2004, issued by Headquarters, U.S. Army Garrison, Fort Detrick, MD
* Department of Veterans Affairs (VA) Form 21-2138 (Statement in Support of Claim)
* letter, dated 24 February 2015, from Case Management Division, Army Review Boards Agency, addressed to the applicant
* 44 pages of VA medical records printed from My Health-eVet

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.  As to the applicant's request for an upgrade to honorable of his general under honorable conditions discharge, paragraph 2-5, Section II, Army Regulation 
15-185 (ABCMR) requires applicants to have exhausted all administrative remedies available prior to submitting an application to the Board.  There is no evidence the applicant has yet applied to the Army Discharge Review Board (ADRB) for consideration of his request.  This portion of his request was forwarded to the ADRB for processing.  The applicant will be notified of its decision once his case has been reviewed.  Based on the foregoing, that part of his request will not be further addressed in this Record of Proceedings.

3.  The applicant's available record indicates he enlisted in the Regular Army on 17 May 2000.  His records also show he reenlisted twice, on 15 February 2003 and 22 July 2004, respectively.  He was discharged on 17 December 2004.

4.  His DD Form 214 shows the following:

* his rank/grade was specialist/E-4
* he held the military occupational specialty of 92Y (Unit Supply Specialist)
* he completed 4 years, 7 months, and 1 day of net active creditable service
* he had 2 years, 11 months, and 26 days of foreign service
* he was awarded or authorized:

* Army Commendation Medal
* Army Achievement Medal
* Global War on Terrorism Service Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon

* item 18 (Remarks) is void of any entries showing service in a combat zone; it does show his two reenlistments and that he completed his first full term of service

5.  The applicant's OMPF contains a copy of an Army Commendation Medal Certificate.  This certificate shows he was recognized for meritorious service while assigned to the 94th Engineer Battalion, 130th Engineer Brigade for the period 5 November 2000 to 2 September 2003.  Additionally, it notes this service occurred in Germany, Kosovo, Poland, Kuwait, and Iraq. 

6.  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 14 February 2003 to 21 September 2003 for service in Kuwait/Iraq.  Based upon this timeframe, 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)

7.  Department of the Army General Order (DAGO) Number 15, 2009, shows the 94th Engineer Battalion was awarded the Meritorious Unit Commendation (MUC) for the period 30 January 2003 to 18 March 2003.

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes procedures for the completion of the DD Form 214.  Regarding entries in item 18 (Remarks), it states that, for an active duty Soldier deployed with his unit during their continuous period of active service, enter "SERVICE IN (name of country deployed) FROM (inclusive dates, for example YYYYMMDD - YYYYMMDD)." 

9.  Army Regulation 600-8-22 (Military Awards), prescribes policies and procedures for military awards.  

	a.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  The area of eligibility (AOE) 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 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.  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.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show the award of the Global War on Terrorism Expeditionary Medal or the Iraq Campaign Medal.  He additionally requests his service in Iraq be appropriately recorded.

2.  DFAS shows the applicant served in Kuwait/Iraq during the period 14 February 2003 to 21 September 2003.  Based on this, his DD Form 214 should be amended accordingly.

3.  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.  He is shown as serving in Kuwait/Iraq from 14 February 2003 until at least 18 March 2003; therefore, he meets the criteria for both awards.

4.  He was assigned to the 94th Engineer Battalion when it received the MUC.  His DD Form 214 should be amended to reflect this award.


BOARD VOTE:

____x___  ___x____  ____x___  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  adding to his DD Form 214:

* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Expeditionary Medal
* Meritorious Unit Commendation

b.  adding to item 18 of his DD Form 214 the entry "Service in Kuwait/Iraq 20030214-20030921." 

2.  The Board determined it would be premature to make a recommendation pertaining to his discharge at this time.  As noted in the CONSIDERATION OF EVIDENCE section above, the Army Discharge Review Board is the appropriate review authority for the portion of his request pertaining to an upgrade of his general under honorable conditions discharge.  If he does not receive the relief he is seeking from the Army Discharge Review Board, he may submit a new application to this Board.  



      _______ _   _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)                                         AR20150002304



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ABCMR Record of Proceedings (cont)                                         AR20150002304



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