IN THE CASE OF:	  

		BOARD DATE:	  8 February 2011

		DOCKET NUMBER:  AR20100019636 


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 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to read "SERVICE IN KUWAIT/IRAQ FROM 20050105-20051231," instead of "SERVICE IN KUWAIT/IRAQ FROM 20050105-20061231."

2.  He states the dates are incorrectly displayed.

3.  He 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.  His record shows he enlisted in the Regular Army on 24 September 2003 and held military occupational specialty 63M (B9 Bradley Fighting Vehicle System Maintainer).

3.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows in item 5 (Oversea Service) he was not credited with any overseas assignments.  Item 9 (Awards, Decorations and Campaigns) shows he was awarded the Global War on Terrorism Service Medal (GWOTSM), National Defense Service Medal (NDSM), and Army Service Ribbon (ASR).

4.  His DD Form 214 shows he was discharged under honorable conditions on 29 March 2007.  He completed 3 years, 6 months, and 3 days of creditable service.

5.  His DD Form 214 shows the following entries:

	a.  Item 12f (Foreign Service) – "0001 year(s), 11 month(s), and 26 day(s).

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – Army Commendation Medal, Army Achievement Medal (2nd Award), NDSM, GWOTSM, Iraq Campaign Medal (ICM), ASR and the Driver and Mechanic Badge with Driver-W Bar.

	c.  Item 18 (Remarks) – "SERVICE IN KUWAIT/IRAQ FROM 20050105-20061231."

6.  The Defense Finance and Accounting Service (DFAS) revealed he received pay and tax exclusion entitlements associated with deployment to the hostile fire area of Kuwait/Iraq during the period 9 January 2005 through 31 December 2005.

7.  Department of the Army Military Personnel Message 10-078, dated 17 March 2010, provided guidance on the criteria, applicability, and standards for awarding and wearing of bronze service stars on the Afghanistan Campaign Medal and the ICM.  This message shows that during his tour of duty in Kuwait/Iraq participation credit was authorized for two campaigns:  Iraqi Governance (29 June 2004 through 15 December 2005) and National Resolution (16 December 2005 through 9 January 2007).

8.  According to the Awards Branch at U.S. Army Human Resources Command, 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 and are eligible for award .of the Overseas Service Ribbon (OSR).

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214 and states that 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 is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that:

	a.  All decorations, badges, citations, and campaign ribbons awarded and authorized for all periods of service should be entered in item 13 of the form.

	b.  The total amount of foreign service completed during their continuous period of active service will be entered as "YYYY MM DD" in item 12f of the form.

	c.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  DFAS confirms he received pay and tax exclusion entitlements associated with deployment to the hostile fire area of Kuwait/Iraq during the period 9 January 2005 through 31 December 2005.  The current "from" date in item 18 of his 
DD Form 214 shows "20050105."  

2.  It is the policy of the Board not to correct an administrative error if the correction would result in a less favorable action to the applicant. 

3.  In view of the foregoing, his DD Form 214 should be amended to show:

* item 12f – "0000 year(s), 11 month(s), and 23 day(s)
* item 18 – "SERVICE IN KUWAIT/IRAQ FROM 20050105-20051231"

4.  The evidence shows he was previously awarded the ICM and participated in two campaigns while serving in Iraq.  Therefore, he is entitled to correction of his records to show the ICM with two bronze service stars.

5.  The evidence of record shows he completed at least 9 months of continuous service in Iraq.  Therefore, he is eligible for award of the OSR and to have this award added to 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.  deleting the current entry in item 12f of his DD Form 214 and adding the entry "0000  11  23,"

	b.  deleting the ICM from item 13 of his DD Form 214 and adding the ICM with two bronze service stars and the OSR,

	c.  deleting the current entry "SERVICE IN KUWAIT/IRAQ FROM 20050105-20061231" from item 18 of his DD Form 214, and

	d.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20050105-20051231" to item 18 of 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)                                         AR20100019636



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ABCMR Record of Proceedings (cont)                                         AR20100019636



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