BOARD DATE:	  21 June 2011

		DOCKET NUMBER:  AR20100029414 


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 period of foreign service in Iraq.

2.  The applicant states he served in Iraq and needs his DD Form 214 amended so he may receive medical treatment from the Department of Veterans Affairs (VA).

3.  The applicant provides copies of:

* his DD Form 214
* orders awarding him the Army Good Conduct Medal (AGCM)
* temporary change of station orders
* 22 pictures

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 enlisted in the Regular Army on 14 May 2000.  He received a general discharge on 18 October 2004 after completing 4 years, 5 months, and 5 days of active service during this period.

3.  His DD Form 214 does not show his service in Iraq.

4.  His record includes a copy of AGCM orders, dated 12 January 2004, which were issued from Task Force 90th Personnel Services Battalion, Unit 91899, Iraq, for the period 1 October 2000 through 30 September 2003.

5.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed his Master Military Pay Account (MMPA).  His MMPA shows he received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) for Kuwait from 7 March 2003 through 21 February 2004.

6.  Army Regulation 635-5 (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 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-YYYMMDD)" in item 18 (Remarks) of the DD Form 214.

7.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who 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)

8.  Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours.  According to the Awards Branch of 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 receive credit for a completed short tour.  (Rules 6 and 8 of Army Regulation 614-30 (Overseas Service) table 3-2 apply).

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record is ambiguous with regard to the applicant's exact dates of service in Iraq.

2.  DFAS records indicate the applicant received HFP/IDP/CZTE for Kuwait from 7 March 2003 through 21 February 2004.  At the time, he would likely have been processed into the theater of operations through Kuwait, which may be why DFAS records show special pay for that country.  However, these records only indicate the amount of time he received HFP/IDP/CZTE, not the amount of time he was actually in the theater of operations.

3.  Nevertheless, the DFAS information combined with the applicant's statement is accepted as sufficient evidence with which to amend block 18 of the applicant's DD Form 214 to show he served a tour of duty in Kuwait/Iraq from 7 March 2003 to 21 February 2004.

4.  Based on the applicant's accepted dates of service in Kuwait/Iraq, the applicant participated in two campaigns during his service in Kuwait/Iraq.  Therefore, he is entitled to two bronze service stars for wear on the Iraq Campaign Medal and correction of his DD Form 214 to show these bronze service stars.

5.  Army policy provides for granting normal overseas tour credit to members who complete 9 or more months of service in isolated areas for which a normal overseas tour length has not been established.  It also provides for awarding the Overseas Service Ribbon to members who complete a normal overseas tour.  In this case, the evidence of record confirms the applicant completed 11 months and 14 days of service in Kuwait/Iraq, which are isolated areas with no normal tour length established.  Therefore, it would be appropriate to correct his record to show he completed a normal overseas tour and to add the Overseas Service Ribbon to his record and DD Form 214.

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:

	a.  adding 11 months and 14 days to item 12f (Foreign Service) of his DD Form 214,

	b.  adding the following awards to item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214:

* Iraq Campaign Medal with two bronze service stars
* Overseas Service Ribbon

	c.  adding the statement "SERVICE IN KUWAIT/IRAQ FROM 20030307-20040204" to item 18 of his DD Form 214.



      ____________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)                                         AR20100029414



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ABCMR Record of Proceedings (cont)                                         AR20100029414



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