IN THE CASE OF:	  

		BOARD DATE:	  17 February 2011

		DOCKET NUMBER:  AR20100022417 


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 Duty) to show he served in Kuwait/Iraq from 5 April 2003 to 18 March 2004 instead of 1 April 2003 to 11 November 2003.

2.  The applicant states that his DD Form 214 reflects incorrect dates of deployment. 

3.  The applicant provides his DD Form 214 and a memorandum from his former company commander. 

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 in the Regular Army on 24 July 2001 and held military occupational specialty 11C (Indirect Fire Infantryman).  He was reassigned to Headquarters and Headquarters Company, 1st Battalion, 66th Armor, Fort Hood, TX.  

3.  He was honorably released from active duty on 23 July 2004 by reason of completion of required active service and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.

4.  The DD Form 214 he was issued shows he completed 3 years of creditable active service.  Additionally, this form shows the following entries:

* block 12f shows he completed 7 months and 15 days of foreign service
* block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* Army Lapel Button
* Army Commendation Medal
* Army Achievement Medal (2nd Award)
* Global War on Terrorism Service Medal
* Global War on Terrorism Service Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon

* block 18 shows he served in Kuwait/Iraq from 1 April 2003 to 11 November 2003

5.  He provides a memorandum, dated 17 May 2004 from his former company commander who certifies the applicant's deployment to Kuwait/Iraq in support of Operations Enduring/Iraqi Freedom from 5 April 2003 to 18 March 2004

6.  An email, dated 14 January 2011, from the Defense Finance and Accounting Service confirms the applicant received hazardous fire/imminent danger pay (HF/IDP) and Combat Zone Tax Exclusion for service in Kuwait from 7 April 2003 to 1 August 2003 and 4 September 2003 to 18 March 2004. 

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that for:

* block 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* block 18, for an active duty Soldier deployed 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)" 

8.  A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.

9.  Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  Numerals will be used to denote second and subsequent awards of the Overseas Service Ribbon.

10.  A Frequently Asked Questions Document from the U. S. Army Human Resources Command, Military Awards Branch, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed to Iraq or Afghanistan.  The document states "Question:  How long do I have to serve in Iraq or Afghanistan to be awarded the Overseas Service Ribbon?  Answer:  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  Provided is a clarification statement the proponent to Army Regulation 614-30 has provided our office:  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour.  Your reference is Army Regulation 614-30, Tables 3-2, rules 5 and 7.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by Department of Defense; therefore, the Army gives equivalent credit for periods of change of station/tour of duty."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's former company commander certified the applicant's service in Kuwait/Iraq from 5 April 2003 to 18 March 2004, a period of 11 months and 14 days.  This period of service is consistent with his pay records.  His DD Form 214 inadvertently credited him with only 7 months and 15 days of foreign service. Therefore, he is entitled to correction of his DD Form 214 to show completion of 11 months and 14 days of foreign service in Kuwait/Iraq.

2.  Additionally, his 11 months and 14 days of foreign service in Kuwait/Iraq entitled him to award of the Overseas Service Ribbon and correction of his records to show it.

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:

* deleting from item 12f the entry "0000  07  15" and adding the entry     "0000  11  14"
* adding to item 13 the Overseas Service Ribbon
* deleting from item 18 the entry "Served in Kuwait/Iraq from 1 April 2003 to 11 November 2003" and adding the entry "Served in Kuwait/Iraq from 5 April 2003 to 18 March 2004"



      _______ _  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)                                         AR20100022417



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100022417



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1