BOARD DATE: 29 March 2012
DOCKET NUMBER: AR20110018711
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 deployment to Iraq.
2. He states he served 1 year in Iraq in support of Operation Iraqi Freedom (OIF).
3. He 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 12 February 2002. He was honorably released from active duty on 11 February 2005 by reason of completion of required active service.
3. His DD Form 214 shows in:
* Item 12f (Foreign Service) the entry "0000 00 00," indicating no foreign service during this period
* Item 13 the:
* Army Label Button
* Global War on Terrorism Service Medal
* National Defense Service Medal
* Army Service Ribbon
* Item 18 (Remarks) no entry concerning his deployment
4. Information provided by the Defense Finance and Accounting Service (DFAS) verified that the applicant received hostile fire pay/imminent danger pay and a combat zone tax exemption from 28 March 2003 to 30 March 2004 while assigned in Kuwait.
5. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have 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. His records indicate he participated in the following campaigns:
* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
6. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Paragraph 2-4, in pertinent part, requires the preparer to enter the total amount of foreign service completed from the Enlisted Record Brief (ERB) during the period covered in item 12f. Additionally, the regulation states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in item 18 (Remarks) "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. DFAS verified the applicant served in Kuwait from 28 March 2003 to 30 March 2004. DFAS commonly recorded the place of deployment as Kuwait (the place of initial arrival in theater) without ever updating their records to show final place of deployment (i.e., Iraq or Afghanistan). His statement is accepted that he actually served in Iraq. His service in Iraq equates to 1 year and 3 days of foreign service. Therefore, item 12f and 18 of his DD Form 214 should be corrected accordingly.
2. The evidence of record confirms he served in Iraq during the Liberation and Transition of Iraq campaigns. Therefore, he is entitled to award of the Iraq Campaign Medal with two bronze service stars 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 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:
a. deleting from item 12f of his DD Form 214 the entry "0000 00 00" and replacing it with the entry "0001 00 03;"
b. adding to item 13 of his DD Form 214 the Iraq Campaign Medal with two bronze service stars; and
c. adding to item 18 of his DD Form 214 the entry "SERVICE IN IRAQ FROM 20030328 - 20040330."
_______ _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) AR20110018711
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ABCMR Record of Proceedings (cont) AR20110018711
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