IN THE CASE OF:	   

		BOARD DATE:	  23 May 2013

		DOCKET NUMBER:  AR20120020558 


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 the correct dates of his deployment to Iraq.

2.  He states he served in Iraq from 2 October 2005 to 19 September 2006.

3.  He provides the following:

* DD Form 214
* DA Form 31 (Request and Authority for Leave)
* Permanent Orders

* 176-024, dated 25 June 2005
* 267-0015, dated 24 September 2006
* 146-21, dated 26 May 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.  On 12 August 1987, the applicant enlisted in the Regular Army.  On 15 May 1991, he was honorably released from active duty and credited with completing 
3 years, 9 months, and 4 days of active service.  

3.  On 16 May 1991, he enlisted in the Army National Guard (ARNG).

4.  On 21 July 2005, he was ordered to active duty in support of Operation Iraqi Freedom.  He was honorably released from active duty on 22 October 2006.  He served on active duty 1 year, 3 months, and 2 days during this period of service. 

5.  His DD Form 214 for the period ending 22 October 2006 shows in:

* Item 12f (Foreign Service) the entry "0000  11  18" 
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal (2nd Award)
* Global War on Terrorism Service Medal
* Humanitarian Service Medal
* Iraq Campaign Medal
* Noncommissioned Officer Professional Developmental Ribbon with Numeral 4
* Army Service Ribbon
* Overseas Service Bar (2)
* Driver Badge-Bronze
* Overseas Service Ribbon with Numeral 2
* Armed Forces Reserve Medal with M Device

* Item 18 (Remarks) "SERVICE IN IRAQ 20051002 TO 20050919"

6.  Information provided by the Defense Finance and Accounting Service (DFAS) verified that the applicant received hostile fire pay/imminent danger pay and a combat zone tax exemption from 2 October 2005 to 18 September 2006 while assigned in Kuwait.
7.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized for wear on the Iraq Campaign Medal for participation in each credited campaign.  His records indicate he participated in the following campaigns:

* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)

8.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Paragraph 2-4, in pertinent part, requires the preparer to enter the total amount of foreign service completed from the Enlisted Record Brief during the period covered in item 12f.  Additionally, the regulation states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in item 18 (Remarks) "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  DFAS confirmed the applicant served in Kuwait from October 2005 through September 2006.  DFAS commonly recorded the place of deployment as Kuwait (the place of initial arrival in theater) without ever updating the individual's records to show the final place of deployment (i.e., Iraq or Afghanistan).  The applicant's DD Form 214 confirms he actually served in Iraq.  His service in Iraq equates to 11 months and 18 days of foreign service which is consistent with the dates the applicant requested and the period covered in item 12f of his DD Form 214 ending on 22 October 2006.  Therefore, in the interest of equity, it would be appropriate to correct item 18 of this DD Form 214 to show he served in Iraq from 2 October 2005 to 19 September 2006.

2.  The evidence of record confirms the applicant served in Iraq during the Iraqi Governance and the National Resolution campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars to be worn on the previously-awarded 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 amending his DD Form 214 ending on 22 October 2006 as follows:

   a.  deleting from item 13 the Iraq Campaign Medal and adding the Iraq Campaign Medal with two bronze service stars; and
   
   b.  deleting from item 18 the entry "SERVICE IN IRAQ 20051002 TO 20050919" and replacing it with " SERVICE IN IRAQ 20051002 TO 20060919."



      _______ _   _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)                                         AR20120020558



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ABCMR Record of Proceedings (cont)                                         AR20120020558



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