IN THE CASE OF:
BOARD DATE: 28 June 2011
DOCKET NUMBER: AR20100030259
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), dated 11 July 2005, to show he served in Iraq during Operation Enduring Freedom (OEF) and Operation Iraqi Freedom (OIF).
2. He states that his overseas service is not listed on his DD Form 214.
3. He provides his DD Form 214.
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 12 July 2001. He successfully completed basic combat and advanced individual training and was awarded military occupational specialty 13B (Cannon Crewman).
3. Permanent Orders Number 250-04, dated 3 September 2003, issued by the 4th Battalion, 27th Field Artillery show he was awarded the Army Achievement Medal for meritorious service while assigned to B Battery, 4th Battalion, 27th Field Artillery during OIF.
4. On 11 July 2005, he was released from active duty after completing 4 years of creditable active service.
5. His DD Form 214 for the period ending 11 July 2005 shows he was awarded:
* National Defense Service Medal
* Army Service Ribbon
* Global War on Terrorism Service Medal
6. Item 12f (Foreign Service) of his DD Form 214 shows the entry Year(s) "000" Month(s) "00" and Day(s) "00." Item 18 (Remarks) does not show service in Iraq.
7. On 19 April 2011, the Defense Finance and Accounting Service (DFAS) confirmed he served in a combat zone and received hostile fire pay (HFP) for the period 1 April through 1 November 2003.
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 for item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.
9. Army Regulation 635-5 states, in item 18, 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 - YYYYMMDD)."
10. Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal must have served in direct support of OIF. The area of eligibility encompasses all 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.
During the applicant's service in Iraq he participated in the following two campaigns:
* Liberation of Iraq 19 March 2003 through 1 May 2003
* Transition of Iraq 2 May 2003 through 28 June 2004
DISCUSSION AND CONCLUSIONS:
1. The applicants DD Form 214 does not show service in Iraq. However, DFAS confirmed he served in Iraq from 1 April through 1 November 2003 and he was awarded the Army Achievement Medal while deployed in Iraq.
2. The evidence provided by DFAS and the Army Achievement Medal are accepted as sufficient evidence to show he served in Iraq from 1 April 2003 through 1 November 2003. Therefore, item 12f of his DD Form 214 should be amended to show Year(s) "000" Month(s) "07" and Day(s) "01" and item 18 should be corrected to show "SERVICE IN IRAQ --20030401 THROUGH 20031101.
3. Based on the DFAS confirmation the applicant deployed and received hostile fire pay for the period 1 April through 1 November 2003, he is eligible for award of the Iraq Campaign Medal with two bronze service stars for deploying in support of OIF. The available evidence shows he was awarded the Army Achievement Medal. These awards should be added to his 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 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. adding in item 12f of his DD Form 214 the entry Year(s) "000" Month(s) "07" and Day(s) "01."
b. adding the following awards to item 13 of his DD Form 214:
* Army Achievement Medal
* Iraq Campaign Medal with two bronze service stars
c. adding " SERVICE IN IRAQ 20030401 THROUGH 20031101" in 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) AR20100030259
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ABCMR Record of Proceedings (cont) AR20100030259
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