BOARD DATE:	  31 January 2013

		DOCKET NUMBER:  AR20120005602 


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 correction of his DD Form 214 (Certificate of Release or Discharge) to show service in Iraq and all of his authorized awards.  

2.  The applicant states this information could affect his benefits.

3.  The applicant provides a copy of his 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.  The applicant enlisted in the Regular Army on 19 November 2001.  He completed training as a special electronic devices repairer.


3.  Many of his personnel records are incomplete and/or illegible.  However, they show:

	a.  He was stationed in Germany on 11 August 2002.

	b.  In March 2005, he was counseled at Fort Gordon, Georgia for weight control problems.

	c.  On 24 February 2006, he was discharged under the provisions of Army Regulation 635-200, paragraph 24-12c, due to misconduct, with a general discharge.  His DD Form 214 lists his authorized awards as the Army Good Conduct Medal (1st Award), National Defense Service Medal, Global War on Terrorism Service Medal, and the Army Service Medal.

4.  The Defense Finance and Accounting Service (DFAS) indicates he received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion for service in Kuwait/Iraq from 10 March 2003 to 10 March 2004. 

5.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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 each credited campaign.  Approved campaigns include the Liberation of Iraq (19 March 2003-1 May 2003) and the Transition of Iraq (2 May 2003-28 June 2004).

	b.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  

6.  Army Regulation 635-5 (Separation Documents) provides the instructions for completing separation documents:

	a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Enlisted Record Brief, enlistment/
reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Army Military Human Resource Record.

	b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.  It states for:

		(1)  block 12f (Foreign Service):  enter the total amount of foreign service completed during the period covered in block 12c (Net Active Service This Period;

		(2)  block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):  list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry must be verified by the Soldier's records; do not use abbreviations; and

		(3)  block 18 (Remarks):  for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The available record did not show the specific dates of his service in Kuwait/Iraq.  However, DFAS records show he was paid HFP/IDP and combat zone tax exclusion for service in Kuwait/Iraq from 10 March 2003 to 10 March 2004.  This service equals 1 year, 9 months, land 1 day.  

2.  In addition, the applicant served 6 months and 21 days in Germany.  Therefore his DD Form 214, block 12f, should be corrected to show 2 years, and 3 months, and 22 days.  

3.  The instructions for completing the DD Form 214 also require that a deployment be specifically described in block 18.  Therefore, the entry "SERVICE IN KUWAIT/IRAQ FROM 20030310-20040310" should be added in block 18.

4.  The applicant is authorized the Iraq Campaign Medal with two bronze service stars and the Overseas Service Ribbon.  They should be added to the awards already listed in block 13 of his DD Form 214.

5.  The applicant's records should be corrected as follows.


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 changing his DD Form 214 to show in:

	a.  block 12f – 2 years, 03 months, and 22 days;

	b.  block 13 – Iraq Campaign Medal with two bronze service stars and the Overseas Service Ribbon in addition to the awards already listed; and 

	c.  block 18 – "SERVICE IN KUWAIT/IRAQ FROM 20030310-20040310" in addition to the information already shown. 




      _______ _  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)                                         AR20120005602



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ABCMR Record of Proceedings (cont)                                         AR20120005602



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