IN THE CASE OF:	  

		BOARD DATE:  23 August 2012

		DOCKET NUMBER:  AR20120003405 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his:

* Service in Iraq 
* Any related awards and decorations and/or expeditionary medals
* Special Forces Patch for combat

2.  The applicant states, during the 2005-2006 timeframe, he served in Iraq with a security force that worked with the special forces.  

3.  The applicant provides 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 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.  Having had prior service, the applicant enlisted in the California Army National Guard on 12 November 2004 and he held military occupational specialty 68W (Health Care Specialist).  He held the rank/grade of sergeant/E-5. 

3.  He was ordered to active duty on 28 February 2005 and he was assigned to Company B, 1st Battalion, 185th Infantry, Fort Lewis, WA.  He was transferred to the 1st Battalion, 364th Regiment, 191st Infantry Brigade, Fort Lewis, WA, on or about 1 May 2006.   

4.  On 25 August 2008, he was honorably released from active duty to the control of his State.  His DD Form 214 shows he completed 3 years, 5 months, and 
28 days of active service.  It also shows in:

   a.  Item 12f (Foreign Service) - the entry "0000  00  00" indicating he did not complete any foreign service;
   
   b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and Armed Forces Reserve Medal with "M" Device; and 
   
   c.  Item 18 (Remarks) the entry "Ordered to active duty in support of Operation Iraqi Freedom in accordance with Title 10, U.S. Code, section 12302" and "Service in support of Operation Iraqi Freedom effective 20060827."

5.  Nothing in his service records confirm he deployed to Iraq or the exact dates of deployment.  However, an email, dated 24 July 2012, from the Defense Finance and Accounting Service - Indianapolis, IN, revealed he received hazardous fire/imminent danger pay (HF/IDP) and/or combat zone tax exclusion (CZTE) for service in Kuwait from 13 April 2005 to 10 April 2006.

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states for:

	a.  Item 12f enter the total amount of foreign service completed during the period covered by the DD Form 214; and 

	b.  Item 18 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 YYYYMMDD - YYYYMMDD)."

7.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a "Combat Patch."  In pertinent part, the regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 or any other place in military records.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Iraq Campaign Medal is awarded to members who served in direct support of OIF.  The area of eligibility (AOE) 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 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)

	b.  The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the AOE or meet other specified criteria.  Initial award was limited to service members deployed abroad in Operation Enduring Freedom and OIF in a number of designated specific geographic AOE's, including Kuwait and Iraq.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his service in Iraq, any related awards and decorations and/or expeditionary medals, and the Special Forces Patch for combat.
2.  There is no evidence in the applicant's records and he provides none to confirm his service in Iraq.  In the absence of additional documentary evidence such as deployment orders, temporary change of station and/or temporary duty orders, manifest reports, award certificates confirming dates of service, or any other evidence that confirms his dates of service in Iraq, there is no reason to correct his DD Form 214 to show foreign awards or Iraq service at this time. 

3.  However, his pay records confirm he received HFP/IDP and CZTE for service in Kuwait from 13 April 2005 to 10 April 2006, a period of 11 months and 29 days.  His DD Form 214 should therefore be corrected to show his foreign service.  Additionally, this period of service qualifies him for award of the Global War on Terrorism Expeditionary Medal. 

4.  With respect to award of the "Combat Patch" the shoulder sleeve insignia – former wartime service is an item of clothing it is not an award or decoration; therefore, even if his service in Iraq and unit of assignment is confirmed, it is not authorized for entry on the DD Form 214 or any other place in military records.  

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:

* deleting the entry "0000  00  00" from item 12f of his DD Form 214 and replacing it with the entry "0000  11  29"
* adding to item 13 of his DD Form 214 the Global War on Terrorism Expeditionary Medal

2.  The Board further determined that 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:

* Service in Iraq 
* Any awards and decorations and/or expeditionary medals related to service in Iraq
* Special Forces Patch for combat



      __________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)                                         AR20120003405



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ABCMR Record of Proceedings (cont)                                         AR20120003405



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