IN THE CASE OF:	  

		BOARD DATE:	  6 December 2012

		DOCKET NUMBER:  AR20120009658 


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 item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service during three deployments to Iraq.

2.  The applicant states:

* only his first deployment to Iraq is documented in item 12f
* he had three deployments
* his first deployment was during the initial invasion of Iraq
* he then served two 4-month deployments to Iraq from December 2004 to March 2005 and from September 2005 to December 2005

3.  The applicant provides:

* Soldier Deployment History Outprocessing Report
* 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 8 January 2002.  He completed his training and was awarded military occupational specialty 11B (infantryman).  On 3 March 2006, he was honorably released from active duty and transferred to the U.S. Army Reserve (Reinforcement) to complete his remaining service obligation.

3.  His DD Form 214 shows:
	a.  in item 12f, the entry "0000  10  15";

	b.  in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), the:

* Army Commendation Medal (3rd Award)
* Army Achievement Medal
* U.S. Army/U.S. Air Force Presidential Unit Citation
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Combat Infantryman Badge
* Parachutist Badge
* Iraq Campaign Medal (ICM)

	c.  in item 18 (Remarks), he served in Iraq from 15 March 2003 to 29 January 2004.

4.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay and combat zone tax exclusion for service in:

* Iraq from 7 December 2004 through 26 March 2005 (total of 3 months and 20 days)
* Kuwait from 2 September 2005 through 28 December 2005 (total of 3 months and 27 days)

5.  Army Regulation 600-8-22 (Military Awards) states the ICM is awarded to members who served in direct support of Operation Iraqi Freedom.  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 ICM 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)

6.  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.  The regulation provides that for:

* item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) from the Soldier's record
* item 18, 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 DFAS information is accepted as sufficient evidence on which to amend items 12f and 18 of his DD Form 214 to show his service during three deployments to Kuwait/Iraq.  Therefore, item 12f of his DD Form 214 should be corrected to show he completed 1 year, 6 months, and 2 days of foreign service and item 18 should be corrected to show he served in Kuwait/Iraq from 7 December 2004 through 26 March 2005 and from 2 September 2005 through 28 December 2005.

2.  As a related issue, his DD Form 214 shows the ICM but based on his service in Kuwait/Iraq, he is entitled to the ICM with four bronze service stars  Therefore, his DD Form 214 should be corrected to show these service stars.

BOARD VOTE:

___x____  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 the entry in item 12f of his DD Form 214 and replacing it with the entry "0001 06 02";

	b.  adding four bronze service stars for wear with his previously-awarded ICM to item 13 of his DD Form 214; and

	c.  adding the entries "SERVICE IN KUWAIT/IRAQ FROM 20041207-20050326" and "SERVICE IN KUWAIT/IRAQ FROM 20050902-20051228" to item 18 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)                                         AR20120009658



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120009658



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1