IN THE CASE OF:	  

		BOARD DATE:	  22 December 2012

		DOCKET NUMBER:  AR20110013083 


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 document his two deployments to Iraq and to add the Army Achievement Medal (AAM).

2.  The applicant states a review of his DD Form 214 revealed the AAM and record of his deployments were not included on the form.

3.  The applicant provides a DA Form 638 (Recommendation for Award), AAM Certificate, and deployment history report in support of his application.

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's record shows he enlisted in the Regular Army on 8 February 2005 and was trained in and awarded military occupational specialty 13F (Fire Support Specialist).  It further shows he was advanced to private first class/E-3 on 1 November 2005 and this is the highest rank he attained while serving on active duty.

3.  The applicant's Defense Finance and Accounting Service (DFAS) pay record shows he received imminent danger pay/hostile fire pay for Kuwait during the periods 5 October 2005 through 23 January 2006 and 8 January through 30 May 2007.

4.  On 8 June 2007, the applicant was honorably discharged in the rank of private/E-2 after completing 2 years, 4 months, and 1 day of active military service.  The DD Form 214 he was issued documents no overseas service in item 12f (Foreign Service).  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) does not include the AAM and item 18 (Remarks) is void of any entries documenting deployments during the period.

5.  The applicant provides a DA Form 638 and AAM Certificate that show he was recommended for the AAM for service while serving with Headquarters and Headquarters Company, 1st Battalion, 504th Parachute Infantry Regiment (PIR), Forward Operating Base Suse, Iraq.  It further shows the award was approved and authorized for the period 21 September 2005 through 1 February 2006 in 504th PIR Permanent Order Number 054-208.

6.  The applicant also provides a Soldier Deployment History Out-Processing Report, dated 16 May 2007, which shows he was twice deployed for 123 and 120 days, respectively, during the periods 3 January 2005 through 3 February 2006 and 1 January through 1 May 2007.  A review of the unit history for the 504th PIR shows it was deployed to Iraq in 2005 and 2007.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains item-by-item instructions for preparation of the DD Form 214.  The instructions for item 12f state to add all overseas service completed during the period covered by the DD Form 214 and the instructions for item 18 state that for an active duty Soldier deployed with his or her unit during the period covered by the DD Form 214, the entry "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-17 contains guidance on the Iraq Campaign Medal (ICM).  It states it is authorized for 30 consecutive or 60 nonconsecutive days of service in Iraq from 19 March 2003 to a date to be determined.  A bronze service star is authorized with the ICM for each campaign a member is credited with participating in while serving in Iraq.  During the applicant's two periods of service in Iraq, participation credit was granted for the following three campaigns:

* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct his DD Form 214 by adding the AAM and by documenting his two deployments to Iraq has been carefully considered and found to have merit.  The evidence of record confirms the applicant twice served in Iraq, first for 4 months and 1 day from 3 October 2005 through 3 February 2006 and again for 4 months and 1 day from 1 January through 1 May 2007 as evidenced by his deployment history form and corroborated by the DFAS pay record.

2.  Based on the applicant's service in Iraq, it would be appropriate to correct item 12f of his DD Form 214 to reflect completion of 8 months and 2 days of foreign service and to correct item 18 by adding the entry "SERVICE IN IRAQ FROM 20051003-20060203" and "SERVICE IN IRAQ FROM 20070101-20070501."

3.  The applicant's record confirms he was awarded the AAM for the period 21 September 2005 through 1 February 2006 and this award was authorized and announced in official orders.  It also shows that based on his service and campaign participation in Iraq, he is eligible for the ICM with three bronze service stars.  As a result, it would be appropriate to add these awards 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 amending his DD Form 214 as follows:

	a.  item 12f – delete the current entry and replace it with the entry "0000  08  02";

	b.  item 13 – add the AAM and ICM with three campaign stars; and

	c.  item 18 – add the entries "SERVICE IN IRAQ FROM 20051003-20060203" and "SERVICE IN IRAQ FROM 20070101-20070501."



      _____________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)                                         AR20110013083



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ABCMR Record of Proceedings (cont)                                         AR20110013083



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