BOARD DATE:	  27 March 2012

		DOCKET NUMBER:  AR20110022507 


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:

* in item 12f (Foreign Service) – "0000" years, "11" months, and "20" days
* in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – Combat Infantryman Badge (CIB)

2.  The applicant states he was deployed in support of Operations Enduring Freedom/Iraqi Freedom.  He states the CIB and his service in Kuwait/Iraq are omitted from his DD Form 214.

3.  The applicant provides:

* his DD Form 214
* a copy of the Army Times.com article titled, "Frontline Photos," that shows a photograph of the applicant in combat gear
* Permanent Orders 035-680D, dated 4 February 2004, issued by the 101st Airborne Division (Air Assault) and Fort Campbell, Mosul, Iraq

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 13 August 2002 and successfully completed basic and advanced individual training.  He was awarded military occupational specialty 11B (Infantryman).

3.  Permanent Orders 035-680D, dated 4 February 2004, issued by the 101st Airborne Division (Air Assault) and Fort Campbell, Mosul, Iraq, show the applicant was awarded the CIB.

4.  He was honorably released from active duty on 12 August 2006.

5.  Item 12f of his DD Form 214 contains the entry "0000  00  00."

6.  Item 13 of his DD Form 214 does not show award of the CIB.

7.  Item 18 (Remarks) of his DD Form 214 does not show he deployed to Kuwait/Iraq in support of Operations Enduring Freedom/Iraqi Freedom.

8.  On 15 December 2011, the Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait during the period 15 November 2003 through 1 November 2004.

9.  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.  It states for item 12f, to enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period).

10.  Army Regulation 635-5 further states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.

11.  Army Regulation 600-8-22 (Military Awards) 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.  The award may be awarded retroactively to those personnel who were credited with normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

12.  According to the Awards Branch of 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 continuous months in Iraq or Afghanistan receive 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 contends that his DD Form 214 should be corrected to show award of the CIB and that he served in Kuwait/Iraq.  DFAS confirmed he deployed to Kuwait and Permanent Orders 035-680D, dated 4 February 2004, show he was deployed to Iraq during the period 15 November 2003 through 1 November 2004, a period of 11 months and 18 days.  Therefore, item 12f of his DD Form 214 should be amended to add this period of foreign service and item 18 of his DD Form 214 should be corrected to read "SERVICE IN KUWAIT/IRAQ FROM 20031115-20041101."

2.  The evidence of record shows the applicant was awarded the CIB.  This badge should be added to item 13 of his DD Form 214.

3.  He met the eligibility criteria for award of the Overseas Service Ribbon.  Therefore, item 13 of his DD Form 214 should be amended to add this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_x____  __x______  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  adding the entry "0000  11  18" to item 12f of his DD Form 214,

	b.  adding the Overseas Service Ribbon and CIB to item 13 of his DD Form 214, and

	c.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20031115-20041101" to item 18 of his DD Form 214.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to entering “000 11 20” in item 12f 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)                                         AR20110022507



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ABCMR Record of Proceedings (cont)                                         AR20110022507



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