IN THE CASE OF:
BOARD DATE: 21 February 2012
DOCKET NUMBER: AR20110016853
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 foreign service in Iraq.
2. The applicant states, in effect, he served in Iraq while stationed at the Baghdad International Airport during Operation Iraqi Freedom (OIF) and he needs his DD Form 214 amended to receive benefits from the Department of Veterans Affairs.
3. The applicant provides his 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 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. The applicant enlisted in the Regular Army on 7 November 2000. He completed the training requirements and he was awarded military occupational specialty 92Y (Unit Supply Specialist). The highest rank/grade he attained during this period of active service was specialist/E-4.
3. The applicant was honorably released from active duty on 2 January 2006 after completing 5 years, 1 month, and 26 days of active service.
4. The applicant's DD Form 214 does not show he served in Iraq or that he received a campaign medal for deployment to Iraq.
5. During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed his Master Military Pay Account which shows he received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion for Kuwait from 15 May through 28 October 2003.
6. Army Regulation 635-5 (Personnel Separations - 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. It states that 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-YYYMMDD)" in item 18 of the DD Form 214.
7. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who served in direct support of 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. 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 - date to be determined)
DISCUSSION AND CONCLUSIONS:
1. The evidence of record is ambiguous with regard to the applicant's actual dates of service in Kuwait/Iraq.
2. DFAS records indicate the applicant was deployed to Kuwait from 15 May through 28 October 2003. (At the time, he would likely have been processed into the theater of operations through Kuwait, which is likely why DFAS records show he served in that country).
3. The DFAS information is accepted as sufficient evidence with which to amend item 18 of the applicant's DD Form 214 to show he served a tour of duty in Kuwait/Iraq from 15 May to 28 October 2003.
4. Based on the applicant's accepted dates of service in Kuwait/Iraq, the applicant participated in one campaign during his service in Kuwait/Iraq. Therefore, he is eligible for award of the Iraq Campaign Medal and entitled to a bronze service star for wear on this medal and correction of his DD Form 214 to show this award.
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. adding the statement "SERVICE IN KUWAIT/IRAQ FROM 20030515-20031028" to item 18 of his DD Form 214; and
b. adding the Iraq Campaign Medal with bronze service star to item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) 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) AR20110016853
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ABCMR Record of Proceedings (cont) AR20110016853
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