IN THE CASE OF:	  

		BOARD DATE:	  30 May 2013

		DOCKET NUMBER:  AR20120019963 


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 deployment to Iraq.

2.  The applicant states his DD Form 214 is missing information, it doesn't show his one year deployment in Iraq.

3.  The applicant provides:

* DD Form 214
* Leave and Earnings Statements from January 2004 to December 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 12 June 1984.  He remained on active duty through continuous reenlistments until he retired on 30 September 2005 in the rank of master sergeant. 

3.  His DD Form 214 shows he was awarded or authorized the:

* Defense Meritorious Service Medal (2nd Award)
* Meritorious Service Medal
* Joint Service Achievement Medal
* Army Achievement Medal (5th Award)
* Joint Meritorious Unit Award
* Global War on Terrorism Service Medal
* Army Good Conduct Medal (6th Award)
* National Defense Service Medal (2nd Award)
* Noncommissioned Officer's (NCO) Professional Development Ribbon with Numeral "3"
* Army Service Ribbon
* Overseas Service Ribbon (3rd Award)
* North Atlantic Treaty Organization Medal
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Driver and Mechanic Badge with Driver-W Bar   

4.  Item 18 (Remarks) of his DD Form 214 does not show any deployments.

5.  His NCO Evaluation Report (NCOER) covering the period June 2003 to May 2004 shows he deployed to Iraq in support of Operation Iraqi Freedom.

6.  Permanent Orders Number 268-055, dated 24 September 2004, show he received the Army Commendation Medal (ARCOM) for meritorious service in support of Operation Iraqi Freedom during the period 6 January 2004 to 
5 January 2005. 

7.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 5 January 2004 through 14 December 2004.

8.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal (ICM) 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 ICM 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 2010-31 December 2011)

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The regulation provides that for item 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)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 is missing his deployment to Iraq has merit.

2.  His NCOER and ARCOM orders which show he deployed to Iraq in 2004 are accepted as sufficient evidence verifying his service in Iraq.  Additionally, DFAS confirms he received HFP/IDP and CZTE for service in Kuwait during the period 5 January 2004 through 14 December 2004.  As such, the evidence shows he served in Kuwait and Iraq during this period.  Therefore, item 18 of his DD Form 214 should be corrected to show he served in Kuwait/Iraq from 
5 January 2004 to 14 December 2004.

3.  Based on his service in Iraq and participation in two campaigns, he is entitled to the ICM with two bronze service stars.  Therefore, his DD Form 214 should be corrected 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:

	a.  adding the ICM with two bronze service stars his DD Form 214; and 

	b.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20040105 -20041214" 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)                                         AR20120019963





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ABCMR Record of Proceedings (cont)                                         AR20120019963



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