BOARD DATE:	  27 October 2015

		DOCKET NUMBER:  AR20150004191 


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) to show his foreign service in Iraq/Kuwait.

2.  The applicant states he participated in two combat deployments but his foreign service is not shown on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* Army Commendation Medal (ARCOM) Certificate 
* Army Achievement Medal (AAM) Certificate 
* copies of two postmarked envelopes
* copy of his military history obtained from the Department of Veterans Affairs (VA) Defense Information Repository (VADIR)

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 29 August 2001.  He was awarded military occupational specialty 11C (Indirect Fire Infantryman) upon completion of his initial entry training.  

3.  The Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 29 March to 30 September 2002 (6 months and 2 days) and from 9 January to 14 July 2003 (6 months and 6 days).

4.  His military history in the VADIR shows he was deployed to Kuwait from 
21 March to 21 September 2002 and to Iraq from 8 January to 13 July 2003.

5.  He provides: 

   a.  An AAM Certificate that shows he was awarded the AAM for service in Kuwait during Operation Desert Spring from 29 March to 22 September 2002.  The certificate includes the orders number and issuing authority.

   b.  An ARCOM Certificate that shows he was awarded the ARCOM for service in Iraq in support of Operation Iraqi Freedom(OIF), while he was a member of the 2nd Battalion, 69th Armor Regiment.  The certificate includes the orders number and issuing authority.

6.  Permanent Orders Number 110-15, issued by the U.S. Army Human Resources Command (HRC) on 20 April 2009, awarded the Presidential Unit Citation (PUC) to Headquarters and Headquarters Company, 3rd Infantry Division and its subordinate units, which include the 2nd Battalion, 69th Armor Regiment, for service during the period 19 March to 1 May 2003.

7.  He was discharged on 18 February 2004.  His DD Form 214 does not show foreign service in block 12f (Foreign Service), does not show the AAM, ARCOM, or awards authorized for service in Kuwait/Iraq in block 13 (Decorations, Medals, Citations and Campaign Ribbons Awarded or Authorized), and does not show his deployments to Kuwait/Iraq in block 18 (Remarks).  

8.  Army Regulation 635-5 (Separation Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It provided standardized policy for the preparation of the DD Form 214 and stated:
	
   a.  in block 12f, enter the total amount of foreign service completed during the period covered in block 12c (Net Active Service this Period); 

	b.  in block 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards); and

	c.  in block 18, for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

9.  Army Regulation 600-8-22 states:  

	a.  The Armed Forces Expeditionary Medal (AFEM) is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes participation in Operation Desert Spring from 31 December 1998 to 18 March 2003.

	b.  The Iraq Campaign Medal (ICM) is awarded to members who have served in direct support of 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 ICM 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.  Approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010)
* New Dawn (1 September 2010-31 December 2011)

	c.  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 areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or ICM.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to reflect his foreign service in Kuwait/Iraq.  

2.  His DFAS pay records show he received HFP/IDP and CZTE for service in Kuwait during the periods 29 March to 30 September 2002 (6 months and 
2 days) and from 9 January to 14 July 2003 (6 months and 6 days).  However, his military history in the VADIR shows he was deployed to Kuwait from
21 March to 21 September 2002 and to Iraq from 8 January to 13 July 2003.  Additionally, he was awarded the ARCOM for service in Iraq.  DFAS entries routinely show Kuwait as the country of deployment because it was the primary point of embarkation and debarkation for Soldiers deployed in support of OIF although they actually served in Iraq.  

3.  Although his service dates in Kuwait/Iraq shown in DFAS records and in his military history in the VADIR are slightly different, the dates of service shown in DFAS records should be used to correct his DD Form 214 to show his foreign service (1 year and 8 days) in block 12f and to document his deployments in block 18.

4.  The applicant provided certificates that show he was awarded the ARCOM and the AAM for service during periods covered by his DD Form 214; however, these awards were not shown on his DD Form 214.  

5.  He served a qualifying period of service in support of Operation Desert Spring for award of the AFEM; however, this award is not shown on his DD Form 214.

6.  He served a qualifying period of service in Kuwait/Iraq for award of the ICM with two bronze service stars; however, this award is not shown on his DD Form 214.

7.  He served a qualifying period of service for award of the GWOTSM; however, this award is not shown on his DD Form 214.

8.  Orders issued by HRC show the 2nd Battalion, 69th Armor Regiment was awarded the PUC for service during the period 19 March to 1 May 2003.  The evidence shows the applicant was assigned to this unit during the period of the award.  However, this unit award is not shown 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 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 block 12f of his DD Form 214 the entry "0001  00  08";

	b.  adding to block 13 of his DD Form 214 the:

* Army Commendation Medal
* Army Achievement Medal
* Armed Forces Expeditionary Medal
* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Service Medal
* Presidential Unit Citation

	c.  adding to block 18 of his DD Form 214 the entries:

* SERVICE IN KUWAIT FROM 20020329 – 20020922
* SERVICE IN KUWAIT/IRAQ FROM 20030109 – 20030714



      _________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)                                         AR20150004191



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ABCMR Record of Proceedings (cont)                                         AR20150004191



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