IN THE CASE OF:
BOARD DATE: 10 March 2011
DOCKET NUMBER: AR20100022507
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 that his service in Iraq be reflected on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he served in Iraq and he desires that his foreign service be reflected on his DD Form 214.
3. The applicant provides:
* His DD Form 214
* A medical assessment record showing treatment in Iraq
* Seven photographs
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 applicants 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 applicants 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 30 August 2000 for a period of 4 years and training as a metal worker. He completed his training and was transferred to Fort Polk, Louisiana.
3. He deployed to Iraq from 28 April 2003 through 2 August 2003 and from 3 February 2004 through 31 July 2004 for a combined total of 9 months and 3 days of foreign service, which was during three campaigns.
4. On 22 February 2005, he was honorably released from active duty (REFRAD) due to completion of required active service. He had served 4 years, 5 months, and 23 days of total active service.
5. His DD Form 214 issued at the time of his REFRAD shows he was awarded the Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, and Army Service Ribbon. It contains no entries reflecting his foreign service in Iraq in item 18 (Remarks) or item 12f (Foreign Service).
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that it is mandatory that an entry be placed in the remarks section of the DD Form 214 for an active duty Soldier deployed with his or her unit during their continuous period of active service. The entry will consist of Service in (Name of Country deployed from YYYYMMDD YYYYMMDD). Item 12f will contain the total service performed overseas during the period covered by the DD Form 214.
7. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (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 Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF. 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-date to be determined
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Iraq from 20030428 20030802 and 20040203 20040731 for a total of 9 months and 3 days. This makes him eligible for the Iraq Campaign Medal with three bronze service stars.
2. Accordingly, he is entitled to have his DD Form 214 corrected to reflect in:
* block 12f "0000 09 03"
* block 18 "Service in Iraq from 20030428 20030802 and 20040203 20040731"
3. Additionally, the applicant is entitled to correction of item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 to show the Iraq Campaign Medal with three bronze service stars.
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:
* adding to block 12f of his DD Form 214 0000 09 03
* adding to block 18 of his DD Form 214 Service in Iraq from 20030428 20030802 and 20040203 20040731
* adding to block 13 of his DD Form 214 the Iraq Campaign Medal with three bronze service stars
_________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) AR20100022507
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ABCMR Record of Proceedings (cont) AR20100022507
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