IN THE CASE OF:	  

		BOARD DATE:	  14 February 2012

		DOCKET NUMBER:  AR20110015433 


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) for the period ending 21 July 2005 to show he was awarded the Expert Infantryman Badge (EIB) and Combat Infantryman Badge (CIB).  He also requests to amend item 12b (Separation Date This Period) to show he was separated on 11 September 2005. 

2.  He states the EIB and CIB were not available at the time his DD Form 214 was prepared.  He also states that when he departed his duty station, he took ordinary leave from 17 July to 11 September 2005.  Therefore, his actual separation date should show 11 September 2005.   

3.  He provides:

* copies of orders awarding him the EIB and CIB
* a DA Form 31 (Request and Authority for Leave)
* his DD Form 214
* several Leave and Earnings Statements (LES)

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.  His record shows he enlisted in the Regular Army on 27 February 2002.  After completion of training, he served in military occupational specialty 11B (Infantryman).

3.  The following orders are located in his official military personnel file on iPERMS (integrated Personnel Electronic Records Management System):

* Permanent Order 100-5, dated 10 April 2003, shows he was awarded the EIB for the period 31 March through 9 April 2003  
* Permanent Orders 310-04, dated 5 November 2004, show he was awarded the CIB for participating in ground combat operations under enemy hostile fire on 14 August 2004 while serving in Iraq

4.  He provided a copy of a DA Form 31 which shows he signed out of his unit on "Terminal" (hereafter, referred to as "Transition") leave beginning on 22 July 2005 and ending 11 September 2005.

5.  His DD Form 214 shows the following entries:

* Item 12a (Date Entered Active Duty This Period) – "2002 02 27"
* Item 12b – "2005 07 21"
* Item 12c (Net Active Service This Period) – "0003 04 25"
* Item 12f (Foreign Service) – "0000 00 00"
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* Army Commendation Medal (3rd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Afghanistan Campaign Medal (ACM)
* Global War on Terrorism Service Medal 
* Iraq Campaign Medal (ICM)
* Army Service Ribbon
* Air Assault Badge
* Expert Marksmanship Qualification Badge with Rifle and Machine Gun Bars
* Driver and Mechanic Badge with Driver W Bar
* Army Lapel Pin

* Item 18 (Remarks) – "Service in Iraq:  20040617-20050615" and "Service in Afghanistan:  20030503-20031103"

6.  He provided copies of LESs for the months of July, August, September, and October 2005.  The LESs for the months of September and October 2005 both indicate he was separated on 11 September 2005.

7.  Army Regulation 600-8-22 (Military Awards) states the ICM is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  His record shows he served in Iraq during the following campaigns:

* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)

8.  Army Regulation 600-8-22 states the ACM is awarded to members who have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  His record shows he served in Afghanistan during the Consolidation I (1 December 2001-30 September 2006) campaign.  

9.  Army Regulation 600-8-22 states the Overseas Service Ribbon (OSR) is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the OSR.

10.  According to the Awards Branch at the 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 get credit for a completed short tour.  (Rules 6 and 8 of Table 3-2 Army Regulation 614-30, Overseas Service, apply).

11.  Army Regulation 635-5 (Separation Documents) contains guidance on the preparation of the DD Form 214.  It states:

	a.  Enter the Soldier’s separation date in item 12b;

	b.  Item 12c is computed by subtracting item 12a from item 12b; and

	c.  Enter the total amount of foreign service completed during the Soldier’s most recent continuous period of active service in item 12f.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded him the EIB and CIB.  Therefore, he is entitled to have these awards added to his DD Form 214. 

2.  The evidence provided shows the applicant signed out of his unit on 22 July 2005 in a transition leave status.  His leave ended on 10 September 2005, and his date of separation as shown on his September 2005 LES was 11 September 2005.  As such, item 12b of his DD Form 214 should be corrected to show "2005 09 11."

3.  His net service in item 12c must be re-computed by subtracting the date in item 12a from the corrected date in item 12b:

2005 09 11
corrected item 12b
 - 2002 02 27
item 12a
    0003 06 14
     
 +1
inclusive dates
0003 06 15
corrected net service
4.  As a related issue, item 18 of his DD Form 214 shows he served in Afghanistan from 3 May to 3 November 2003 for a total of 6 months and 1 day; and he also served in Iraq from 17 June 2004 to 15 June 2005 for a total of 
11 months and 29 days.  At a minimum, he is entitled to correction of item 12f to show he served "0001 06 00" (1 Year and 6 months) of foreign service. 

5.  Based on his foreign service in Iraq, during two named campaigns, he is entitled to wear two bronze service stars on his previously awarded ICM, one bronze service star on his ACM, and correction of item 13 of DD Form 214.

6.  His cumulative service in Iraq and Afghanistan also entitles him to award of the OSR and to have this award 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 amending his DD Form 214 for the period ending 21 July 2005 by:

	a.  deleting the current entry in item 12b and adding the entry "2005 09 11";

	b.  deleting the current entry in item 12c and adding "0003 06 15";

	c.  deleting the entry "0000 00 00" from item 12f and replacing it with the entry "0001 06 00"; 

	d.  deleting the ICM and ACM from item 13; and

	e.  adding the following awards to item 13:

* EIB
* CIB
* ICM with two bronze service stars
* ACM with one bronze service star
* OSR



      ______________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)                                         AR20110015433





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ABCMR Record of Proceedings (cont)                                         AR20110015433



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