IN THE CASE OF:	  

		BOARD DATE:	  5 July 2012

		DOCKET NUMBER:  AR20110024895 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Iraq Campaign Medal and his foreign service in Iraq.

2.  The applicant states he served continually in Iraq from January 2006 to January 2007; however, neither his Iraq Campaign Medal nor foreign service are shown on his DD Form 214.

3.  The applicant provides two DA Forms 67-9 (Officer Evaluation Report) and his Officer Record Brief (ORB).

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 is a retired Regular Army captain.

3.  His ORB, dated 9 May 2008, indicates he deployed to Iraq from 15 January 2006 - 18 January 2007.

4.  He retired from active duty on 29 February 2008.  His DD Form 214 indicates in:

	a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* Joint Service Commendation Medal
* Army Commendation Medal (2rd Award)
* Army Achievement Medal (5th Award)
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal (2nd Award)
* Southwest Asia Service Medal with bronze service star (2nd Award)
* Global War on Terrorism Service Medal
* Korea Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* North Atlantic Treaty Organization (NATO) Medal
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal - Kuwait
* Parachutist Badge
* Air Assault Badge
   
   b.  Item 18 (Remarks):  "Service in Bosnia 19980312-19980920."

5.  He provides evaluation reports which show he served as an operations officer with the Multi-National Forces in Baghdad, Iraq between 1 January 2006 and 
10 January 2007.

6.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed his Master Military Pay Account (MMPA).  His MMPA shows he received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion for Kuwait from 15 January 2006 through 15 January 2007.


7.  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 (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 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns during the applicant's tour of duty were:

* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)

8.  Army Regulation 635-5 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 the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  For a Soldier deployed to a foreign country enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example YYYYMMDD-YYYYMMDD)" in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DD Form 214 be corrected to show award of the Iraq Campaign Medal and his total foreign service in Iraq.

2.  Although documents contained in his official military personnel file contain slightly different periods of service in Iraq, the dates confirmed by his DFAS pay record are considered the most accurate because he received hostile fire/imminent danger pay based on dates reported by his unit.  Therefore, item 18 of his DD Form 214 should be amended to show he served in Kuwait/Iraq from 15 January 2006 to 15 January 2007.

3.  His foreign service in Kuwait/Iraq is a qualifying period of service for award of Iraq Campaign Medal.  He participated in two campaigns during this period of service.  Therefore, he is entitled to correction of his DD Form 214 to show the Iraq Campaign Medal with two bronze service stars.

4.  In view of the above his request should be granted.



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 amending his DD Form 214 to show:

* Iraq Campaign Medal with two bronze service stars
* adding the statement "SERVICE IN KUWAIT/IRAQ FROM 20060115 to 20070115"




      _______ _   __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)                                         AR20110024895



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ABCMR Record of Proceedings (cont)                                         AR20110024895



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