IN THE CASE OF:	  

		BOARD DATE:	  17 July 2012

		DOCKET NUMBER:  AR20110024082 


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 a DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in Iraq in 2007.  

2.  He states he served in Iraq for one month in 2007, but this period of service is not reflected on a DD Form 214.  

3.  He provides his DD Form 214 for the period ending 18 December 2001, numerous Department of Veterans Affairs (VA) medical documents, and various documents from his military personnel record.  

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 11 May 1999 for a period of three years.  On 18 December 2001, he was discharged.

3.  On an unknown date, he enlisted in the U.S. Army Reserve (USAR) and was assigned to the USAR Control Group (Annual Training).  Orders published on 10 July 2006 released him from the USAR Control Group (Annual Training) and reassigned him to the 6015th USAR Garrison Support Unit, Forest Park, IL, effective 10 July 2006.

4.  Orders 07-066-00076, dated 7 March 2007, ordered him to active duty as a member of his Reserve Component unit for 148 days with a report date to Fort Bliss, apparently his mobilization station, of 11 March 2007.  These orders were later amended to indicate he was mobilized in support of Operation Iraqi Freedom.  

5.  Orders 072-50, dated 14 March 2007, reassigned the applicant to the 656th Transportation Company for deployment in support of Operation Iraqi Freedom with a proceed date of 17 March 2007 and end date of 11 August 2007.

6.  He completed a DD Form 2796 (Post-Deployment Health Assessment) on 1 May 2007, indicating he was deployed to Kuwait/Iraq in support of Operation Iraqi Freedom from 28 March to 20 April 2007.  

7.  Orders 121-82, dated 1 May 2007, released him from active duty, not by reason of physical disability, and assigned him to the 646th Transportation Company (Rebuild), effective 10 May 2007.

8.  He was issued a DD Form 220 (Active Duty Report) on 10 May 2007 which indicates he entered active duty on 11 March 2007 and departed on 10 May 2007.  

9.  A review of his military documents in the interactive Personnel Electronic Records Management System failed to reveal a DD Form 214 covering the period of active duty from 11 March to 10 May 2007.

10.  Orders 08-077-0031, dated 17 March 2008, honorably discharged him from the USAR, effective 17 March 2008.  

11.  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.  As revised, t states that for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession in item 18:  

	a.  "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)."

	b.  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

	c.  "SOLDIER HAS/HAS NOT COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS." 

12.  Paragraph 2-1a(4) of Army Regulation 635-5 states a DD Form 214 will be prepared on Army National Guard of the United States (ARNGUS) and USAR Soldiers mobilized under sections 12301(a), 12302, or 12304, Title 10, U.S. Code (10 USC) and ARNG Soldiers called into Federal service under chapter 15, or section 12406, 10 USC, regardless of length of mobilization, when transitioned from active duty.  A Soldier who reports to a mobilization station and is found unqualified for active duty will be excluded from this provision.  He or she will only receive a DD Form 220.  

13.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal 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 Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 31 December 2011.  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 2010-31 December 2011)



DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions in regard to correction of his DD Form 214 to show he served in Iraq during 2007 are acknowledged and determined to have merit.  

2.  The evidence of record indicates he was ordered to active duty effective       11 March 2007 for 148 days, deployed to Kuwait/Iraq in support of Operation Iraqi Freedom from 28 March to 20 April 2007 (as indicated on his DD Form 2796), and was released from active duty on 10 May 2007.  He was issued a   DD Form 220; however, a DD Form 214 should have been prepared for this period of active service.  

3.  Therefore, it would be appropriate to issue him a DD Form 214 for his period of active duty from 11 March to 10 May 2007 and include the following and all other appropriate entries:

	a.  "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION IRAQI FREEDOM PER 10 USC SECTION 12302"; 

	b.  "SERVICE IN IRAQ FROM 20070328 – 20070420"; and 

	c.  "SOLDIER HAS NOT COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS." 

4.  As a related issue, the applicant’s foreign service in Iraq from 17 March to     20 April 2007 is sufficient as a basis to award him the Iraq Campaign Medal with one bronze service star.  

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 directing the U.S. Army Human Resources Command to void the DD Form 220 and issue him a DD Form 214 to cover the period 11 March to 10 May 2007 to include: 

	a.  showing he earned the Iraq Campaign Medal with one bronze service star and 

	b.  including in item 18 the entries:

   (1)  "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION IRAQI 
FREEDOM PER 10 USC SECTION 12302"; 

   (2)  "SERVICE IN IRAQ FROM 20070328 – 20070420"; and

		(3)  "SOLDIER HAS NOT COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS." 



      _______ _   __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)                                         AR20110024082



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ABCMR Record of Proceedings (cont)                                         AR20110024082



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