BOARD DATE: 29 January 2013
DOCKET NUMBER: AR20120012664
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 in Iraq.
2. The applicant states the dates of his deployment in Iraq from 19 March 2003 to 16 March 2004 are not shown on his DD Form 214.
3. The applicant provides copies of:
* DD Form 214
* Statement of Service for "OIF I" and "OIF 04-06"
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 21 May 2001, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty (MOS) 31B (Military Police).
3. Records at the Defense Finance and Accounting Service (DFAS) show that the applicant received hazardous fire/imminent danger pay and combat zone tax exclusion from 24 March 2003 through 8 March 2004 for service Kuwait.
4. The Statement of Service for "OIF I" and "OIF 04-06" provided by the applicant is a memorandum for the applicant from her battalion commander dated 24 September 2005; wherein it states that he served the following two periods in Iraq:
* 19 March 2003 to 16 March 2004 (11 months and 28 days)
* 8 February 2005 to 16 January 2006 (11 months and 09 days)
* Total overseas service 1 year, 11 months, 7 days
5. On 31 May 2006, the applicant was released from active duty. He had attained the rank of specialist, pay grade E-4 and had completed 5 years and
10 days of creditable active duty service.
6. The applicant's DD Form 214 shows in:
a. Item 12f (Foreign Service): 11 months and 16 days;
b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):
* Army Commendation Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Global War of Terrorism Service Medal
* Army Service Ribbon
* Iraq Campaign Medal
c. Item 18 (Remarks): Service in Iraq 20050207-20060122.
7. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi
Freedom (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 include the following:
* 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)
8. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides that Item 18 (Remarks) will contain the following entry for Regular Army Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his overseas service in Iraq from 19 March 2003 to 16 March 2004.
2. The available evidence clearly shows that the applicant served during two periods of deployment to Iraq and had participated in four campaign periods. Furthermore, his DD Form 214 only reports one of these deployments and does not show any bronze service stars on his Iraq Campaign Medal.
3. In view of the above, it would be appropriate to correct the applicant's record by showing both of his deployments to Iraq; his total foreign service time; and his four bronze service stars for wear on his Iraq Campaign Medal.
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. showing in Item 12f: 1 year, 11 months, 7 days;
b. adding in Item 13: four bronze service stars to be affixed to his already-awarded Iraq Campaign Medal;
c. deleting from Item 18: "SERVICE IN IRAQ: 20050207-20060122"; and
d. adding in Item 18: "SERVICE IN IRAQ: 20030319 - 20040316; and 20050208 20060116."
_________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) AR20120012664
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ABCMR Record of Proceedings (cont) AR20120012664
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