BOARD DATE:	  17 March 2011

		DOCKET NUMBER:  AR20100022818 


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, in effect, correction of item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the duration of his foreign service.  He also requests that item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) be corrected to show award of the National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and Iraq Campaign Medal.  

2.  He states he believes the error occurred as a result of the lack of communication between the different departments.

3.  He provides his DD Form 214 and three Leave and Earnings Statements (LESs).

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 DD Form 214, item 13 shows he was awarded the National Defense Service Medal, Global War on Terrorism Service Medal, and Army Service Ribbon.  These awards require no further action; therefore, they will not be discussed any further in this Record of Proceedings.

3.  The applicant's record shows he enlisted in the Regular Army on 24 April 2008.  He was awarded military occupational specialty 21B (Combat Engineer).

4.  The LESs that he submitted are for the period 1-31 October 2008, 1-31 August 2009, and 1-31 October 2009 and they show he received hostile fire pay/imminent danger pay (HFP/IDP) during these 3 months.

5.  His record contains a memorandum from the Commander, 2-1 Brigade Special Troops Command, 2d Heavy Brigade Combat Team, Fort Riley, KS, Subject:  Commander's Report – Proposed Separation Under Army Regulation 635-200, Chapter 14-12b.  Paragraph 1a shows the applicant's name and social security number and paragraph 1u states "Make Note of any Citations and Awards:  ICM-CS [Iraq Campaign Medal – campaign star]."

6.  A query of the Defense Finance and Accounting Service (DFAS) Master Military Pay Account (MMPA) database shows the applicant received HF/IDP and combat zone tax exclusion (CZTE) from 8 October 2008 through 2 October 2009.

7.  On 26 July 2010, the applicant was issued a general discharged, due to a pattern of misconduct.  He had completed 2 years, 3 months, and 3 days of active service.  His DD Form 214 shows in:

	a.  Item 12f the entry "0000  00  00." 

   b.  Item 18 (Remarks) no entry showing he deployed.

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for:

   a.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214; and
   b.  item 18 enter "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" for all active duty Soldiers deployed with their unit during their continuous period of active service.

9.  A review of his records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated Iraq campaigns are:

* Liberation of Afghanistan (11 September 2001-30 November 2001)
* Consolidation I (1 December 2001-30 September 2006)
* Consolidation II (1 October 2006-date to be determined)

11.  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.  

12.  Army Regulation 614-30 (Overseas Service) governs overseas tour lengths and credit for tour completion.  The following is a clarification statement provided by the proponent of this regulation.  It states “Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in a Temporary Change of Station/Temporary Duty (TCS/TDY) status get credit for a completed short tour per Army Regulation 614-30, Table 3-2, rules 5 and 7.  Where a tour length has not been established by the Department of Defense the Army gives equivalent credit for periods of TCS/TDY.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant served a qualifying period of service for award of the Iraq Campaign Medal with one bronze service star and the Overseas Service Ribbon.  Therefore, he is entitled to correction of his 
DD Form 214 to show these awards.

2.  The available evidence also shows he served in Iraq during the period             8 October 2008 through 2 October 2009, a period of 11 months and 25 days.  Therefore, he is entitled to correction of item 12f and item 18 of his DD Form 214 to appropriately show his foreign service.

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 adding "0000  11  25";

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

* Iraq Campaign Medal with one bronze service star
* Overseas Service Ribbon

   c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN IRAQ FROM 20081008 - 20091002."




      __________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)                                         AR20100022818



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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