IN THE CASE OF:	  

		BOARD DATE:	  2 May 2013

		DOCKET NUMBER:  AR20120015650 


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 time in theater during Operation Iraqi Freedom.

2.  The applicant states he has a memorandum stating he served in Iraq and would like that time updated on his military records.  He states that while on active duty he served with the 263rd Maintenance Company of the 544th Maintenance Battalion and was deployed from 31 March 2003 through 7 October 2003.

3.  The applicant provides a Memorandum for Record from the 263rd Maintenance Company, 544th Maintenance Battalion, dated 26 January 2004.

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 15 February 2000.  He completed training as a computer automation system repairer.

3.  After completing 4 years of net active service this period, the applicant was honorably released from active duty (REFRAD) on 14 February 2004, upon completion of his required active service.  He was transferred to the U.S. Army Reserve Control Group (Reinforcement).

4.  The applicant's records show that he is currently a member of the Army National Guard.

5.  The applicant provides a memorandum dated 26 January 2004 from the Commander, 263rd Maintenance Company, 544th Maintenance Battalion.  The memorandum states that he was attached to the 263rd Maintenance Company and was deployed from 31 March 2003 until he "returned" on 7 October 2003.

6.  Item 12.f. (Foreign Service) on his DD Form 214 shows he had 0000 Year(s), 00 Month(s), and 00 Day(s).  Item 13. (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the following awards:

* Army Lapel Button
* Army Achievement Medal (3rd Award)
* National Defense Service Medal
* Army Service Ribbon

7.  Item 18 (Remarks) does not show the dates or place of his foreign service.

8.  Information obtained from the Defense Finance and Accounting Service reveals that per the applicant's master military pay account, he received hostile fire/imminent danger pay and combat zone tax exclusion for service in Kuwait/Iraq from 1 March 2003 through 6 October 2003.

9.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect an individual's service, as it exists on the date of REFRAD, discharge, or retirement.  It states:

	a.  From the Enlisted Record Brief/Officer Record Brief, enter the total amount of foreign service completed during the period covered by the DD Form 214 in item 12.f.
	b.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.  Only deployment in an imminent danger/hostile fire zone will be reflected.

10.  Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.  

11.  Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  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 December 2011)

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows he served in Iraq from 1 March 2003 through 6 October 2003.  His DD Form 214 should be amended to show his foreign service and his dates of service in Iraq.

2.  As related issues, his DD 214 should also be amended to show he is authorized the Global War on Terrorism Service Medal and the Iraq Campaign Medal with two bronze service stars.







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 amending his DD Form 214 for the period ending 14 February 2004 to add:

* item 12.f. – 0000 Year(s), 07 Month(s), and 06 Day(s)
* item 13 – Global War on Terrorism Service Medal, and Iraq Campaign Medal with two bronze service stars
* item 18 – "SERVICE IN KUWAIT/IRAQ FROM 20030301-20031006"




      _______ _   __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)                                         AR20120015650





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ABCMR Record of Proceedings (cont)                                         AR20120015650



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