IN THE CASE OF:
BOARD DATE: 6 September 2011
DOCKET NUMBER: AR20110004041
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 item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Iraq.
2. The applicant states he served one tour of duty in Iraq as an infantryman.
3. The applicant provides:
* DD Form 214
* service medical records
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. He enlisted in the Regular Army on 11 July 2000. He completed his training and was awarded military occupational specialty 11B (infantryman). On 22 June 2005, he was honorably discharged by reason of physical disability with severance pay.
3. Item 12f of his DD Form 214 shows no foreign service. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Army Lapel Button, Army Service Ribbon, Global War on Terrorism Service Medal, and North Atlantic Treaty Organization Medal as authorized awards. Item 18 (Remarks) shows no entry for deployed service.
4. His service medical records show he was deployed to Iraq from January to July 2003.
5. The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay and combat zone tax exclusion from 8 January 2003 to 19 July 2003 in Kuwait for a total of 6 months and 12 days.
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. The regulation provides that for:
* item 12f enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) from the Soldier's record
* 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)"
7. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal (ICM) is awarded to members who have served in direct support of Operation Iraqi Freedom. 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 ICM 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 Operation Iraqi Freedom. 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 2009-31 August 2010)
* New Dawn (1 September 2010-to be determined)
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 214 to show his foreign service in Iraq.
2. The DFAS information and his service medical records are accepted as sufficient evidence on which to amend items 12f and 18 of his DD Form 214 to show he served in Kuwait/Iraq. Therefore, item 12f of his DD Form 214 should be corrected to show he completed 6 months and 12 days of foreign service and item 18 should be corrected to show he served in Kuwait/Iraq from 8 January 2003 to 19 July 2003.
3. As a related issue and based on his service in Iraq, he is entitled to the ICM with two bronze service stars. His DD Form 214 should be corrected to show the ICM with two bronze service stars.
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. deleting the entry "0000 00 00" from item 12f of his DD Form 214 and replacing it with the entry "0000 06 12,"
b. adding the ICM with two bronze service stars to item 13 of his DD Form 214, and
c. adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20030108-20030719" 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) AR20110004041
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