IN THE CASE OF:

		BOARD DATE:  17 January 2013

		DOCKET NUMBER:  AR20120012094 


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 overseas service.

2.  The applicant states his DD Form 214 does not show his foreign service in support of Operations Iraqi Freedom and Enduring Freedom.

3.  The applicant provides copies of his:

* Congressional correspondence 
* DD Form 214
* letter from the Defense Finance and Accounting Service (DFAS) forwarding his leave and earnings statements (LES) for February through July 2003
* temporary change of station orders for his unit
* Public Health Service Form 731 (International Certificate of Vaccination)
* Army Commendation Medal Certificate and recommendation
* DA Form 4856 (Developmental Counseling Form), dated 27 May 2003
* DA Form 4856, dated 1 August 2003
* DA Form 2823 (Sworn Statement), dated September 2003 
* Enlisted Record Brief

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 24 August 2000.  He completed training and was awarded military occupational specialty 13P (Fire Support Specialist).

3.  DFAS verified the applicant's Master Military Pay Account (MMPA) shows he received hostile fire pay/imminent danger pay (HFP/IDP) from 21 February through 15 June 2003 for service in Kuwait.

4.  He was released from active duty on 23 August 2004.  He completed 4 years of net active service during this period.  His DD Form 214 shows in:

	a.  item 12f (Foreign Service) "0000  00  00," indicating no foreign service;

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), the Army Commendation Medal, Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Driver and Mechanic Badge with Driver-T Bar, and Global War on Terrorism Service Medal; and

	c.  item 18 (Remarks), no remark indicating deployed service.

5.  The applicant provides:

	a.  Congressional correspondence in which he states his DD Form 214 does not reflect that he served overseas at all.  He further states, "I am in need of an amendment to my DD Form 214.  I need this to reflect my time in service correctly";

	b.  his LES's showing he received MMPA and HFP/IDP in March, April, May, and June 2003;

	c.  unit temporary change of station orders effective on or about 5 February 2003 for assignment to "AOR CENTCOM, (W4FGAA) IN SUPPORT OF OPERATION ENDURING FREEDOM";

	d.  his record of vaccinations;

	e.  orders and certificate showing he was awarded the Army Commendation Medal for extraordinary service during the period 20 March to 5 May 2003 in support of Operation Iraqi Freedom.  The recommendation notes his important contribution to his battalion, firing some 169 tactical ballistic missiles and destroying 75 of 85 enemy vehicles;

	f.  DA Form 4856, dated 27 May 2003, in which his first line supervisor complimented him on his outstanding performance, noting the applicant's duty as a gate guard at Camp Victory and that they would soon be moving to Camp Doha; and

	g.  DA Form 4856, dated 1 August 2003, showing positive monthly performance counseling for July 2003.

6.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal 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 Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  The applicant's service in Iraq coincides with the Liberation of Iraq (19 March-1 May 2003) and Transition of Iraq (2 May 2003-28 June 2004) campaigns.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It states for:

	a.  item 12f,  enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period); and

	b.  item 18 is to be used for Headquarters, Department of the Army, mandatory requirements when a separate block is not available and as a continuation for entries.  For an active duty Soldier deployed with his or her unit, enter:  "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows he was deployed to Kuwait/Iraq from 21 February to 15 June 2003 (3 months and 25 days).  Therefore, he is entitled to the Iraq Campaign Medal with two bronze service stars.  This award should be added to his DD Form 214.

2.  Item 12f of his DD Form 214 should be corrected to show he completed 3 months and 25 days of foreign service.

3.  Item 18 of his DD Form 214 should be corrected to show the dates of his service in Kuwait/Iraq.

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 "00  03  25,"

	b.  adding the Iraq Campaign Medal with two bronze service stars to item 13 of his DD Form 214; and



	c.  adding the statement:  "SERVICE IN KUWAIT/IRAQ FROM 20030221-20030615" 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)                                         AR20100014430



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ABCMR Record of Proceedings (cont)                                         AR20120012094



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