IN THE CASE OF:	  

		BOARD DATE:  2 October 2012

		DOCKET NUMBER:  AR20120006681 


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 from Active Duty) to show:

* his foreign service in support of Operation Iraqi Freedom (OIF)
* the awards he is entitled to for his service in OIF

2.  The applicant states the dates of his service were incorrect on his DD Form 214 and it was not updated to show the awards the 101st Airborne Division was awarded during combat operations starting in March 2003.

3.  The applicant provides DD Form 214 and DD Form 215 (Correction to 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's records show he enlisted in the Regular Army on 8 August 2001 and he held military occupational specialties 74D (Chemical Operations Specialist) and 11B (Infantryman).  He served in Kuwait/Iraq from 7 March to 16 December 2003 while assigned to the 1st Battalion, 502nd Infantry Regiment, 101st Airborne Division.

3.  He was discharged on 14 July 2006.  He completed 3 years, 7 months, and 14 days of net active service with 1 year, 3 months, and 23 days of time lost.

4.  The DD Form 214 he was issued shows the:

* Army Commendation Medal
* Army Achievement Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Combat Infantryman Badge

5.  Item 12f (Foreign Service) of his DD Form 214 contains the entry "0000  00  00.  Item 18 (Remarks) of this form does reflect any deployment to a foreign country.

6.  In an email received from the Defense Finance and Accounting Service (DFAS) on 18 April 2012, a DFAS official confirmed the applicant received hazardous fire/imminent danger pay (HF/IDP) for service in Kuwait/Iraq from 7 March to 16 December 2003 (9 months and 10 days).

7.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of 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 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)

8.  A review of the U.S. Army Human Resources Command website shows the 1st Battalion, 502nd Infantry Regiment, was cited for award of the Meritorious Unit Commendation for the period 19 March through 15 October 2003 by Department of the Army General Orders (GO) Number 3, dated 2007.

9.  Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq get credit for a complete short tour.  

10.  Army Regulation 635-5 (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 the preparation of the DD Form 214.  It states in Item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.  In Item 18, for an active duty Soldier deployed to a foreign country, enter "SERVICE IN (Name of Country Deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Kuwait/Iraq during a qualifying period for award of the Iraq Campaign Medal and he participated in two campaigns.  Therefore, he is entitled to the correction of his DD Form 214 to show the Iraq Campaign Medal with two bronze service stars.

2.  GO awarded his unit the Meritorious Unit Commendation during a period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

3.  He served in Kuwait/Iraq for over 9 continuous months.  Therefore, he is entitled to award of one Overseas Service Ribbon and correction of his DD Form 214 accordingly.

4.  DFAS confirmed he received HF/IDP for service in Kuwait/Iraq from 7 March to 16 December 2003.  Therefore, his DD Form 214 should be corrected to show his service in Kuwait and the dates of this foreign service.

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:

* deleting the entry in Item 12f of his DD Form 214 and replacing it with the entry "0000  09  10"
* adding to his DD Form 214 the:

* Iraq Campaign Medal with two bronze service stars
* Meritorious Unit Commendation
* Overseas Service Ribbon 
* Entry "SERVICE IN KUWAIT/IRAQ FROM  20030307-20031216"



      __________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)                                         AR20120006681





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120006681



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1