BOARD DATE: 28 April 2011
DOCKET NUMBER: AR20100024914
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 combat service and to add his campaign medals.
2. The applicant states he is not being recognized as a combat veteran for his service in Iraq.
3. The applicant provides no additional evidence.
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. On 4 April 2002, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 14R (Bradley Linebacker Crewmember).
3. On 26 June 2003, the applicant was assigned for duty with the 1st Battalion, 44th Air Defense Artillery Regiment, then located at Fort Hood, Texas.
4. Records at the Defense Finance and Accounting Service (DFAS) show the applicant received hazardous fire and imminent danger pay during the period 23 August 2003 through 21 March 2004 [6 months and 29 days] for service in Kuwait.
5. On 3 April 2005, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). He attained the rank of specialist/pay grade E-4 and completed 3 years of honorable active duty service.
6. The applicant's DD Form 214 shows in:
a. item 12f (Foreign Service) 0 years, 0 months, and 0 days;
b. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) Army Lapel Button, Global War on Terrorism Service Medal, National Defense Service Medal, and Army Service Ribbon;
c. item 18 (Remarks) no entry for his deployment to Kuwait.
7. Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. The general area of eligibility encompasses all foreign land, water, and air spaces outside the 50 states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.
8. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides that item 18 will contain the following entry for Regular Army Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show the dates of his combat service in Iraq and his awards.
2. DFAS records show the applicant was deployed to Kuwait from 23 August 2003 through 21 March 2004. Unfortunately, his personnel records do not provide a specific record of his service in Kuwait/Iraq. Therefore, his DD Form 214 may only be corrected to show his foreign service in Kuwait and award of the Global War on Terrorism Expeditionary Medal.
3. However, should the applicant have, or be able to obtain orders or other documentary evidence showing he was assigned and served in Iraq, he may submit another application for consideration.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x____ ____x____ ___x_ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. showing in item 12f of his DD Form 214 0 years, 6 months, and 29 days;
b. adding to item 13 of his DD Form 214 Global War on Terrorism Expeditionary Medal; and
c. adding to item 18 of his DD Form 214 "SERVICE IN KUWAIT FROM 20030823-20040321."
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so
much of the application that pertains to showing specific dates of deployed service in Iraq and campaign medals.
__________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) AR20100024914
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ABCMR Record of Proceedings (cont) AR20100024914
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