IN THE CASE OF:	  

		BOARD DATE:	  19 April 2011

		DOCKET NUMBER:  AR20100024701


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 his service in Iraq during Operation Iraqi Freedom (OIF).

2.  The applicant states he spent 233 days in Iraq and it should be properly reflected on his DD Form 214.

3.  The applicant provides:

* a memorandum from Headquarters, 3rd Brigade, 82nd Airborne Division, dated 28 September 2004, subject:  Personnel Tempo (PERSTEMPO) Information on [applicant]
* a copy of an Individual Jump Record showing no jumps from August 2003 through April 2004 because of OIF deployment
* an Army and Air Force Exchange Service letter, dated 8 September 2010, regarding debt incurred at the Camp St. Mere, Iraq, Post Exchange

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 served in the Regular Army for 3 years from 30 October 2001 through 29 October 2004.  His DD Form 214 shows:

* in item 12f (Foreign Service) – "0000  06  01" [0 years, 6 months, 1 day]
* in item 18 (Remarks) – "SERVICE IN OPERATION ENDURING FREEDOM (AFGHANISTAN) FROM 20020615 TO 20021215"

3.  The applicant provides a 3rd Brigade, 82nd Airborne Division, memorandum showing his foreign service as follows:

* 27 July 2002-14 December 2002 – 171 days
* 15 August 2003-3 April 2004 – 233 days

4.  The applicant's Master Military Pay Account (MMPA) shows he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for:

* 20020628-20021211 for Afghanistan
* 20030816-20040403 for Kuwait (Iraq)

5.  Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for the preparation and issuance of separation documents including the DD Form 214.  It provides:

* for item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* for item 18, for an active duty Soldier deployed with his or her unit, enter "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"

6.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who served in direct support of 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)

7.  Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of this ribbon.

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.  (Rules 6 and 8 of Table 3-2 Army Regulation 614-30, Overseas Service, apply).

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his Iraq service be reflected on his DD Form 214.

2.  The following evidence of record clearly shows the applicant served in Iraq:

* an 82nd Airborne Division PERSTEMPO [the time an individual spends away from home station] memorandum shows 233 days from 20030815-20040403
* MMPA data shows he received HF/IDP and CZTE during the period 20030816-20040403

3.  The applicant's DD Form 214 should be corrected as follows:

* item 12f – add 7 months and 23 days to 6 months and 1 day for a total of "0001 [years] 01 [months] 24 [days]"
* item 18 – add "SERVICE IN OPERATION IRAQI FREEDOM (IRAQ) FROM 20030815-20040403"

4.  Additionally, the Iraq Campaign Medal with one bronze service star and the Overseas Service Ribbon should be added to his awards in item 13.

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 amending his DD Form 214 as follows:

* in item 12f – change the period to "0001  01  24"
* in item 13 – add the Iraq Campaign Medal with bronze service star and the Overseas Service Ribbon
* in item 18 – add "SERVICE IN OPERATION IRAQI FREEDOM (IRAQ) FROM 20030815-20040403"



      ____________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)                                         AR20100024701



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ABCMR Record of Proceedings (cont)                                         AR20100024701



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