IN THE CASE OF:
BOARD DATE: 25 OCTOBER 2012
DOCKET NUMBER: AR20120004976
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. item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 March 2005 be corrected; and
b. the Combat Action Badge (CAB) and Iraq Campaign Medal (ICM) be added to this DD Form 214.
2. The applicant states:
* His DD Form 214 shows no foreign service
* His CAB and ICM are not listed on his DD Form 214
* you get lost in the system when you are in a Reserve unit
* paperwork doesn't get updated
3. The applicant provides his DD Form 214 for the period ending 26 March 2005.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 2 October 2012, the applicant was notified by separate correspondence that he may receive either the Global War on Terrorism Expeditionary Medal (GWOTEM) or the ICM in recognition of his service in Iraq. He should notify the ABCMR in writing of his decision to receive the ICM or have the GWOTEM remain on his DD Form 214. If he did not respond within the given time frame the GWOTEM would remain on his DD Form 214. He did not respond within the given time frame.
3. The applicant was ordered to active duty from the Army National Guard on
18 December 2003 in support of Operation Iraqi Freedom. He served as an administrative specialist in Kuwait/Iraq from 22 February 2004 to 21 February 2005. On 26 March 2005, he was released from active duty.
4. His DD Form 214 for the period ending 26 March 2005 shows in:
a. item 12f the entry "0000 00 00";
b. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Global War on Terrorism Expeditionary Medal (GWOTEM), Global War on Terrorism Service Medal, Armed Forces Reserve Medal with "M" Device, and Army Service Ribbon; and
c. item 18 (Remarks) shows he served in Kuwait/Iraq from 22 February 2004 to 21 February 2005 (a total of 1 year).
5. Orders, dated 31 May 2006, show he received the CAB.
6. Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon is awarded for successful completion of overseas tours.
7. According to the Awards Branch at 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 months continuous in Iraq or Afghanistan get 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 entry on the applicant's DD Form 214 for the period ending 26 March 2005 which shows he served in Kuwait/Iraq from 22 February 2004 to
21 February 2005 is accepted as sufficient evidence on which to amend item
12f of this DD Form 214 to show he served 1 year of foreign service.
2. Orders show he received the CAB. His DD Form 214 for the period ending
26 March 2005 should be corrected to show this badge.
3. The applicant served a qualifying period of service in Kuwait/Iraq for entitlement to the Overseas Service Ribbon. Therefore, his DD Form 214 should be corrected to show this award.
4. Because he did not respond to the notification that to have the ICM added to his DD Form 214 he must agree to have the GWOTEM removed, the ICM should not be added to his DD Form 214 at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ____X __ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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. deleting the entry in item 12f of his DD Form 214 for the period ending
26 March 2005 and replacing it with the entry "0001 00 00"; and
b. adding the CAB and Overseas Service Ribbon to item 13 of this DD Form 214.
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 adding the ICM to his
DD Form 214 for the period ending 26 March 2005 at this time.
_______ _ 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.
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