IN THE CASE OF:	  

		BOARD DATE:	  30 August 2012

		DOCKET NUMBER:  AR20120004171 


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 foreign service in support of Operation Iraqi Freedom was from 3 October 2006 to 11 October 2007 vice
3 October 2006 to 11 October 2006. 

2.  The applicant states:

* he served with the 2d Brigade Combat Team, 2d Infantry Division as the Operations Sergeant Major as noted on his Enlisted Record Brief (ERB)
* he received a Bronze Star Medal for his performance
* he was assigned to the Forward Operating Base, Loyalty, Baghdad, Iraq

3.  The applicant provides his:

* DD Form 214 (Certificate of Release or Discharge from Active Duty) 
* DA Form 638 (Recommendation for Award)
* DA Form 4980-5-A (Bronze Star Medal certificate)
* ERB 

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's record shows he enlisted in the Regular Army on 7 December 1982.  

3.  He submitted his ERB which shows in:

	a.  Section I (Assignment Information) he was deployed to Iraq from 15 March to 23 June 2003 and 3 October 2006 to 11 October 2007; and 

	b.  Section IX (Assignment Information) he was assigned to the 2d Brigade Combat Team, 2d Infantry Division, Fort Carson, CO, as the Operations Sergeant, effective 16 October 2006. 

4.  He submitted his DA Form 638, dated 10 August 2007, which shows Permanent Order Number 234-077, issued by Headquarters, Multinational Division-Baghdad, Camp Liberty, Iraq, awarded him the Bronze Star Medal 
(2d Award) for meritorious service during the period 10 October 2006 to 8 January 2008 during Operation Iraqi Freedom.

5.  On 30 June 2008, he retired honorably from active duty and was transferred to the U.S. Army Reserve Control Group (Retirement).  His DD Form 214 shows in:

	a.  item 18 (Remarks) service in the designated imminent danger pay (IDP) areas of:

* Saudi  Arabia 19930817-19940814
* Kuwait 20020429-20021121
* Iraq 20030315-20030623 and 20061003-20061011

	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign ribbons Awarded or Authorized), as continued in item 18, he was awarded the Iraq Campaign Medal.

6.  During the processing of this case, a staff member of the Board requested the Defense Finance and Accounting Service (DFAS) verify the applicant's deployment dates.  The DFAS response shows the applicant received hostile fire (HF)/IDP and combat zone tax exclusion (CZTE) for service in Iraq from 20061003 - 20071011.

7.  Army Regulation 635-5 (Personnel Separations - 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 preparation of the DD Form 214.  It 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.

8.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-17 contains guidance on award of the Iraq Campaign Medal. It states it is authorized for 30 consecutive or 60 non-consecutive days of service in Iraq from 19 March 2003, to a future date to be determined.  A bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the following campaigns: 
* Liberation of Iraq (19 March-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows he served in support of Operation Iraqi Freedom in Iraq from 15 March to 23 June 2003 and 3 October 2006 to 11 October 2007. 
DFAS records also show he received HF/IDP and CZTE from 3 October 2006 to 11 October 2007.  Therefore, item 18 of his DD Form 214 should be corrected to show "SERVICE IN IRAQ FROM 3 October 2006 to 11 October 2007."

2.  The evidence of record shows he was deployed to Iraq from 15 March to 23 June 2003 and 3 October 2006 to 11 October 2007 and he participated during four campaign phases.  Therefore, he is entitled to award of four bronze service stars to be affixed to his already awarded Iraq Campaign Medal and correction of his DD Form 214 to show these awards.



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:

   a.  deleting "SERVICE IN IRAQ 20061003-20061011" from item 18 of his DD Form 214,

   b.  adding "SERVICE IN IRAQ FROM 20061003-20071011" to item 18 of his DD Form 214, and

	c.  adding four bronze service stars to his already-awarded Iraq Campaign Medal to item 13 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)                                         AR20120004171



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ABCMR Record of Proceedings (cont)                                         AR20120004171



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