BOARD DATE:	  29 November 2012

		DOCKET NUMBER:  AR20120010143 


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 all of the awards, decorations, and training he may be entitled to and has successfully completed. 

2.  The applicant states he should have requested a correction earlier, but he was unaware of the procedure. 

3.  The applicant provides:

* DD Form 214
* Two Certificates of Training
* Permanent Order 143-126D
* Three DA Forms 4980 (Army Commendation Medal)
* Two DA Forms 638 (Recommendation for Award)

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 16 July 2003.  He completed training and he was awarded military occupational specialty 13D (Field Artillery Automated Tactical Data Systems Specialist).  The highest rank/grade he attained while serving on active duty was specialist/E-4.

3.  Permanent Orders Number 0032-138 issued by Headquarters, 3d Brigade, 101st Airborne Division (Air Assault), Tall Afar, Iraq, dated 1 February 2004, awarded him the Army Commendation Medal for the period 10 December 2003 through 1 February 2004.

4.  Permanent Orders Number 139-009 issued by Headquarters, 3d Brigade Combat Team, 101st Airborne Division (Air Assault), Forward Operating Base Speicher, Iraq, dated 17 May 2006, awarded him the Army Commendation Medal for the period 19 September 2005 through 18 September 2006.

5.  Permanent Orders Number 143-126D issued by Headquarters, 101st Airborne Division (Air Assault), Forward Operating Base Speicher, Tikrit, Iraq, dated 23 May 2006, awarded him the Combat Action Badge for the period 22 April 2006.

6.  Permanent Orders Number 205-042 issued by Headquarters, 3d Brigade Combat Team, 101st Airborne Division (Air Assault), Forward Operating Base Speicher, Iraq, dated 24 July 2006, awarded him the Army Commendation Medal for the period 16 July 2003 through 31 January 2007.  (This award encompasses his entire period of service and appears to be his expiration term of service award).

7.  On 5 December 2006, the applicant was honorably released from active duty for completion of required active service and transferred to the U.S. Army Reserve Control Group (Reinforcement).  The DD Form 214 he was issued shows he completed 3 years, 4 months, and 20 days of creditable active service with no lost time.  In addition, his DD Form 214 shows:

* Item 12f (Foreign Service) "0000 11 22"
* Item 13 (Decorations, Medals, Badgers, Citations and Campaign Ribbons Awarded or Authorized) award of the Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal, Army Service Ribbon, Overseas Service Ribbon, Air Assault Badge, and 2 Overseas Service Bars
* Item 14 (Military Education) entries for completing the Eagle First Responder course
* Item 18 (Remarks) "SERVICE IN KUWAIT/IRAQ 20050918-20060909" (a period of 11 months and 23 days)

8.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed his Master Military Pay Account which shows he received hostile fire pay/imminent danger pay and combat zone tax exclusion for Kuwait from 6 December 2003 through 7 February 2004 (a period of 64 days).

9.  The applicant provided a Department of the Army Certificate of Training, dated 2 September 2004, stating that he successfully completed the 40-hour     (1 week) "Combat Lifesaver Course" from 30 August through 3 September 2004.  

10.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who 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)

11.  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 the 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, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYMMDD)" in item 18 of the DD Form 214.  It also states Item 14 will show formal in-service (full-time attendance) training courses successfully completed 


during the period covered by the DD Form 214.  This information is intended to assist the Soldier in job placement and counseling; therefore, training course for combat skills are not to be listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct his DD Form 214 to show all of the awards, decorations, and training he is entitled to and has successfully completed has been carefully examined.

2.  The evidence of record is ambiguous with regard to the applicant's actual dates of service in Kuwait/Iraq; however, DFAS records indicate the applicant was deployed to Kuwait from 6 December 2003 through 7 February 2004, a period of 64 days.  (At the time, he would likely have been processed into the theater of operations through Kuwait, which is likely why DFAS records show he served in that country).

3.  The DFAS information is accepted as sufficient evidence with which to amend item 18 of the applicant's DD Form 214 to show he served a tour of duty in Kuwait/Iraq from 6 December 2003 through 7 February 2004.

4.  Based on the applicant's tour of duty in Kuwait/Iraq for the period 6 December 2003 through 7 February 2004 (a period of 64 days) and his service for the period 18 September 2005 through 9 September 2006 (a period of 11 months and 23 days), the applicant's total foreign service in Kuwait/Iraq equates to          1 year, 1 month, and 27 days.  Therefore, item 12f of his DD Form 214 should be corrected to show this period of service.

5.  Permanent orders awarded him the Combat Action Badge and three Army Commendation Medals.  Therefore, his DD Form 214 should be corrected to show these awards.

6.  Based on the applicant's dates of service in Kuwait/Iraq, the applicant participated in three campaigns during his service in Kuwait/Iraq.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Iraq Campaign Medal and correction of his DD Form 214 to show these service stars.

7.  The certificate provided by the applicant for completion of a 1-week Combat Lifesaver Course sufficiently shows he successfully completed this training in 2004.  Therefore, his DD Form 214 should be corrected to show this training course.



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 the entry "0000 11 22" from item 12f of his DD Form 214;
   
   b.  adding the entry "0001 01 27" to item 12f of his DD Form 214;
   
   c.  deleting the Iraq Campaign Medal from item 13 of his DD Form 214;
   
   d.  adding the Combat Action Badge, Army Commendation Medal              (3rd Award), and Iraq Campaign Medal with three bronze service stars to        item 13 of his DD Form 214; 
    
   e.  adding the entry "Combat Lifesaver Course, 1 week, 2004" to item 14 of his DD Form 214; and 
   
   f.  adding the statement "SERVICE IN KUWAIT/IRAQ FROM 20031206-20040207" 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)                                         AR20120010143



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ABCMR Record of Proceedings (cont)                                         AR20120010143



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