IN THE CASE OF:	  

		BOARD DATE:  21 February 2012

		DOCKET NUMBER:  AR20110015744 


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 his DD Form 214 does not show he served in Iraq from March 2003 to April 2004.

3.  The applicant provides:

* Progress Report
* 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 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 enlisted in the Regular Army on 9 May 2002.  He completed his training and was awarded military occupational specialty 63Y (track vehicle mechanic).  On 21 July 2004, he was discharged.

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, Global War on Terrorism Service Medal, and Army Service Ribbon as authorized awards.  Item 18 (Remarks) shows no entry for deployed service.

4.  Permanent orders show he received the Army Commendation Medal for meritorious service while serving as a track mechanic during Operation Iraqi Freedom during the period 4 April 2003 to 15 December 2003.

5.  Permanent orders show he received the Army Commendation Medal for meritorious achievement during Operation Iraqi Freedom on 6 June 2003. 

6.  He provided a Progress Report, dated 8 July 2004, which states:

* he was deployed overseas in support of combat operations in Iraq
* he returned to the United States in the spring of 2004

7.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay and combat zone tax exclusion from 
5 April 2003 to 3 March 2004 in Kuwait for a total of 10 months and 27 days.

8.  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)"

9.  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)

10.  Army Regulation 600-8-22 states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

11.  Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  

12.  According to the Awards Branch at 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).

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show his foreign service in Iraq.

2.  The DFAS information, Army Commendation Medal orders, and the Progress Report 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 10 months and 27 days of foreign service and item 18 should be corrected to show he served in Kuwait/Iraq from 5 April 2003 to 3 March 2004.

3.  As a related issue and based on his service in Iraq, he is entitled to one Overseas Service Ribbon and the ICM with two bronze service stars.  His DD Form 214 should be corrected to show these awards.

4.  Orders show he received two awards of the Army Commendation Medal.  His DD Form 214 should be corrected to show the Army Commendation Medal with First Oak Leaf Cluster. 

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 the entry "0000  00  00" from item 12f of his DD Form 214 and replacing it with the entry "0000  10  27,"

	b.  adding the ICM with two bronze service stars, Army Commendation Medal with First Oak Leaf Cluster, and Overseas Service Ribbon to item 13 of his DD Form 214, and

	c.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20030405-20040303" 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)                                         AR20110015744





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ABCMR Record of Proceedings (cont)                                         AR20110015744



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