IN THE CASE OF:	  

		BOARD DATE:  4 January 2013

		DOCKET NUMBER:  AR20120011216 


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 in Iraq for 9 months from 2003 to 2004.

2.  The applicant states he served in Iraq fro 9 months but his DD Form 214 does not reflect his foreign service.

3.  The applicant provides:

* DD Form 214
* Orders 224-01 for unit deployment/temporary change of station
* Service Member Deployment History - Outprocessing Verification
* Front page of two DA Forms 638 (Recommendation for Award) - Army Commendation Medal

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 record shows he enlisted in the Regular Army on 26 October 2000 and held military occupational specialty 62B (Construction Equipment Repairer).  He was reassigned to Headquarters and Headquarters Company, 307th Engineer Battalion, Fort Bragg, NC.

3.  He submitted a copy of Orders 224-01, issued by Headquarters, 82nd Airborne Division, Fort Bragg, NC, ordering the 307th Engineer Battalion on a deployment/temporary change of station to the Central Command Area of Responsibility in support of Operation Iraqi Freedom (OIF), effective on or about 1 September 2003.

4.  He provided a copy of a Service Member Deployment History - Outprocessing Verification, dated 30 June 2004, and listing his name as deployed to a named operation from 5 September 2003 to 9 March 2004.  

5.  He provided the front page of a DA Form 638, dated 10 December 2003, recommending him for award of the Army Commendation Medal for service in support of OIF from August 2003 to 10 December 2003.  One of his achievements was "conducted a 3-day, 4000 mile convoy from Kuwait to Baghdad with no loss to vehicles, personnel, or equipment."

6.  He provided the front page of a second DA Form 638, undated, recommending him for award of the Army Commendation Medal for service from 1 June 2001 to 1 May 2004.  Two of his achievements were:

* he worked countless hours preparing the 3rd Brigade Combat Team in support of OIF
* his expertise played an outstanding role in the rapid deployment to Operation Enduring Freedom

7.  He was honorably released from active duty on 31 July 2004 by reason of completion of required active service and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.  His DD Form 214 shows he completed 3 years, 9 months, and 5 days of creditable active service.  Additionally, this form shows the following entries:
* 
block 12f the entry "0000  00  00"
* block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Parachutist Badge
* Driver and Mechanic Badge with Mechanic Bar

* block 18 (Remarks) does not show he served in Kuwait/Iraq

8.  An email, dated 10 July 2012, from the Defense Finance and Accounting Service confirms the applicant received hazardous fire/imminent danger pay (HF/IDP) and Combat Zone Tax Exclusion for service in Kuwait from                   7 September 2003 to 12 April 2004.  

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that for:

* block 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* block 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)" 

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 to 31 December 2011)

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he served in Iraq for 9 months and he provides a deployment record that shows he deployed from 5 September 2003 to 9 March 2004.  He also provides award recommendations confirming his presence in Iraq. 

2.  His pay records confirm he received HF/IDP and CZTE for service In Kuwait from 7 September 2003 to 12 April 2004, a period of 7 months and 6 days, not 9 months as he contends.  Nonetheless, items 12f and 18 should be corrected to show his foreign and combat service respectively.  

3.  This period of service also qualifies him for award of the Iraq Campaign Medal.  Additionally, he participated in the Liberation of Iraq (19 March 2003-1 May 2003) and the Transition of Iraq (2 May 2003-28 June 2004) campaigns.  He should be entitled to two bronze service stars to be worn with the Iraq Campaign Medal and correction of his DD Form 214 to show this award.

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 amending his DD Form 214 to:

* delete from item 12f the entry "0000  00  00" and add "0000  07  06"
* add to item 13 the Iraq Campaign Medal with two bronze service stars
* add to item 18 the entry "Service in Kuwait/Iraq from 20030907 - 20040412"

2.  The Board further determined 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 completing 9 months of foreign service.  



      _______ _  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)                                         AR20120011216





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120011216



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1