IN THE CASE OF:	  

		BOARD DATE:	  10 September 2009

		DOCKET NUMBER:  AR20090006677 


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 Item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 8 October 2005 to reflect his deployment to Kuwait in support of Operation Enduring Freedom (OEF) and his deployment to Iraq in support of Operation Iraqi Freedom (OIF).

2.  The applicant states that Item 12f of his DD Form 214 does not reflect his foreign service time.  He states he was deployed in support of OEF with duty in Kuwait during the period 5 March 2003 through 5 June 2003; and also in Iraq in support of OIF during the period 24 July 2004 to 24 July 2005.  

3.  The applicant provides the following documents in support of his application:  DD Form 214; DA Form 638 (Recommendation for Award); Soldier Deployment History Outprocessing Report; and Headquarters, Task Force MED 115, Abu Ghraib, Iraq memorandum, subject:  Statement of Service, dated 1 July 2005.

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's record shows he enlisted into the Regular Army (RA) and entered active duty on 25 January 2001.  It also shows he was trained in, awarded, and served in military occupational specialty (MOS) 91W (Health Care Specialist) and that the highest rank he attained while serving on active duty was specialist (SPC)/E-4.

3.  On 8 October 2005, the applicant was honorably released from active duty (REFRAD).  The DD Form 214 he was issued at the time confirms he completed a total of 4 years, 8 months, and 14 days of active military service.  Item 12f contains the entry "0000 00 00," which indicates he completed no overseas service during the period covered by the DD Form 214.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows among his awards the Iraq Campaign Medal.

5.  Item 18 (Remarks) of his DD Form 214 contains the entry "Soldier was deployed in Support of Operation Enduring Freedom with duty in Kuwait from
05 March 2003 to 05 June 2003//Soldier was deployed in support of Operation Iraqi Freedom with duty in Iraq from 24 July 2004 to 24 July 2005."

6.  The applicant provides a DA Form 638, dated 30 June 2003, which shows he was awarded the Army Commendation Medal for meritorious achievement while deployed in Kuwait during the period 6 March 2003 through 30 June 2003.  This award is not listed on his DD Form 214.  He also provides a Soldier Deployment History Outprocessing Report which shows his deployment to Kuwait during the period 5 March 2003 through 5 June 2003 and his deployment to Iraq during the period 24 July 2004 through 24 July 2005.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record (PQR), Enlisted/Officer Record Brief 
(ERB/ORB), or any other document authorized for filing in the OMPF.  Paragraph 2-4 contains item-by-item instructions for completing the DD Form 214.  The instructions for item 12f state, in pertinent part, to enter all overseas service completed during the period covered by the DD Form 214. 

8.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-17 contains guidance on the ICM.  It states, in pertinent part, that the ICM is authorized to members who have served in direct support of OIF during the period from 19 March 2003 to a date to a future date to be determined by the Secretary of Defense or the cessation of OIF.  A bronze service star shall be worn on the suspension and campaign ribbon of the ICM for each Iraq campaign they were credited with participating in.  Approved designated ICM campaigns are the Liberation of Iraq from 19 March 2003 through 1 May 2003, Transition of Iraq from 2 May 2003 through 28 June 2004, Iraqi Governance from 29 June 2004 through 15 December 2005, and the National Resolution from 16 December 2005 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.   The applicant's contention that Item 12f of his DD Form 214 should be corrected to show his foreign service in Kuwait/Iraq was carefully considered and found to have merit.  By regulation, all foreign service completed will be entered in Item 12f of the DD Form 214

2.  The evidence of record confirms that the applicant served in Kuwait for 
3 months and 1 day (5 March 2003 through 5 June 2003) and in Iraq for 1 year and 1 day (24 July 2004 through 24 July 2005).  As a result, it would be appropriate to correct item 12f of his DD Form 214 by deleting the current entry and adding the entry "0001 03 02."

3.  The evidence of record further confirms that based on the applicant's service in Iraq during the period 24 July 2004 through 24 July 2005, he is entitled to 
1 bronze service star with his Iraq Campaign Medal.  Therefore, it would be appropriate to add the bronze service star to his already-awarded Iraq Campaign Medal and to his DD Form 214 at this time.

4.  The applicant was awarded the Army Commendation Medal.  This award is not listed on his DD Form 214 and should now be added.





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.  deleting from item 12f of his DD Form 214 the entry "0000 00 00" and replacing it with the entry "0001 03 02";

	b.  deleting from item 13 of his DD Form 214 the entry "Iraq Campaign Medal" and replacing it with the entry "Iraq Campaign Medal with one bronze service star"; and

	c.  adding the Army Commendation Medal to his DD Form 214.



      _________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)                                         AR20090006677



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ABCMR Record of Proceedings (cont)                                         AR20090006677



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