IN THE CASE OF:
BOARD DATE: 30 May 2013
DOCKET NUMBER: AR20120019037
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 foreign service in Baghdad, Iraq.
2. The applicant states his deployment to Baghdad, Iraq in support of Operation Iraqi Freedom is not included on his DD Form 214.
3. The applicant provides a copy of Orders Number 256-3, Detachment D, 38th Personnel Service Battalion, dated 13 September 2005.
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 complete Army Military Human Resource Record, formerly known as the official military personnel file, is not available for review.
3. The applicant enlisted in the Regular Army on 6 October 1987.
4. After completing sufficient service for retirement, the applicant retired on
31 October 2008 and transferred to the U.S. Army Reserve Control Group (Retired). He completed 21 years and 25 days of creditable active military service.
5. His DD Form 214 shows the following:
* Item 12f (Foreign Service), 12 years, 7 months, and 26 days
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), does not show award of the Iraq Campaign Medal
* Item 18 (Remarks), does not show he served in a designated imminent danger pay area for service in Iraq
6. Defense Finance and Accounting Service (DFAS) master pay records show the applicant received hostile fire/imminent danger pay (HF/IDP) for service in Iraq for the period 7 January 2006 through 16 December 2006.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. 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.
b. 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)
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 states 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's pay records maintained by DFAS show he received HF/IDP from 7 January 2006 through 16 December 2006.
2. His DFAS record is accepted as sufficient evidence with which to amend item 18 of his DD Form 214 to show his foreign service in Iraq.
3. The evidence of record also shows he served in Iraq from 7 January 2006 to 16 December 2006 during one campaign. Therefore, he is authorized award of the Iraq Campaign Medal with one bronze service star and correction of his DD Form 214 to show this award.
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 adding the following to his DD Form 214:
a. Item 13, Iraq Campaign Medal with one bronze service star.
b. Item 18, "SERVICE IN IRAQ FROM 20060107-20061216."
___________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) AR20120019037
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ABCMR Record of Proceedings (cont) AR20120019037
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