BOARD DATE: 13 December 2011
DOCKET NUMBER: AR20110011036
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 overseas service in Iraq.
2. The applicant states the dates of his deployment are not shown on his
DD Form 214. He contends that he served in Iraq from late 2004 to the middle of 2005. He needs proof of his foreign service for medical reasons.
3. The applicant provides copies of his DD Form 214 and two statements of support from two former Soldiers who served with him.
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. On 6 May 2004, the applicant enlisted in the Regular Army. He completed his initial training and he was awarded military occupational specialty (MOS) 19K (M1 Armor Crewman).
3. The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 18 October 2004 through 15 March 2005 [4 months and 28 days] for service in Kuwait/Iraq.
4. On 20 June 2006, the applicant was discharged. The DD Form 214 he was issued at the time shows in:
a. Item 12f (Foreign Service) the entry "0000 00 00" indicating no foreign service;
b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
c. Item 18 (Remarks) no entries for his deployment to Kuwait/Iraq.
5. The two supporting statements provided by the applicant state, in essence, the applicant had been assigned in Iraq with the Scout Platoon, Headquarters and Headquarters Company, 1st Battalion, 8th Cavalry Regiment from September or October 2004 to March 2005.
6. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have 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. The Iraqi Governance Campaign was from 29 June 2004 through 15 December 2005)
7. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including 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
* Item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22
* Item 18, for an active duty Soldier deployed to a foreign country 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)"
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his overseas service in Kuwait/Iraq.
2. DFAS confirmed the applicant served in Kuwait/Iraq from 18 October 2004 through 15 March 2005 for a period of 4 months and 28 days. Therefore, his
DD Form 214 should be corrected to show his period of foreign service.
3. He served during a qualifying period of service for entitlement to the Iraq Campaign Medal with one bronze service star. Therefore, his DD Form 214 should be corrected to show this award.
4. Based on his service in Kuwait/Iraq his DD Form 214 should be corrected to include the statement "SERVICE IN KUWAIT/IRAQ FROM 20041018 -20050315."
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. deleting from Item 12f of his DD Form 214 the entry "0000 00 00" and replacing it with the entry "0000 04 28";
b. adding to Item 13 of his DD Form 214 the Iraq Campaign Medal with one bronze service star; and
c. adding to Item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT/IRAQ FROM 20041018 - 20050315."
__________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) AR20110011036
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ABCMR Record of Proceedings (cont) AR20110011036
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